logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2017.02.09 2016노433
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (the imprisonment of three years and six months, the order to complete a program at 40 hours, and the order to disclose or notify to the public) of the lower court is too heavy or it is too heavy (the defendant).

2. The instant crime committed by the Defendant, who is obligated to protect the victims employed at his/her restaurant, committed an indecent act by force against the victim F and G, who is a juvenile, and by suggesting F to engage in commercial sex acts, and also committed a crime against F to rape the victim I at the end of the continuous attempt, is very poor in light of the frequency of the crime, the background and method of the crime, etc.

The victims seem to have been given a considerable sense of sexual humiliation and mental impulse, and in particular, the victims I, who suffered self-pulmonary fear and lacks the ability to cope with severe violent crisis situations, have complained of suffering such as depression and stress after the rape, etc. of this case.

Nevertheless, it has not been made efforts to recover damage to victims I and has not yet been made available to him.

However, the fact that the victims of forced indecent acts and the victims do not want to be punished against the defendant, that the defendant did not have any criminal record of the same kind of sexual crime before the instant case, that the degree of exercise of force or indecent act against the victims of forced indecent acts is not relatively more severe, and that his mistake is in profoundly against the defendant while submitting a series of rebuttals, etc.

Considering the aforementioned favorable or unfavorable circumstances and other various conditions of sentencing, such as the Defendant’s age, sex, environment, the circumstances leading up to each of the instant crimes, and the circumstances after the commission of the crime, it does not seem that the lower court’s punishment is too heavy or unreasonable to the extent that it should be destroyed by being frightened.

All of the arguments of the defendant and the prosecutor are not accepted.

[The defendant is not obliged to submit a written reason for appeal]

arrow