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(영문) 서울고등법원 2019.08.30 2019노857
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The defendant is a sexual assault treatment program.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Each of the instant crimes committed by the Defendant is highly likely to commit a sex offense against a large number of juveniles or young women who continuously and repeatedly engage in indecent acts or similar rape in a restaurant operated by the Defendant, or in a car page operated by the Defendant’s mother, in view of the motive, method, frequency, number of victims, the relationship between the Defendant and the victims, etc.

The victims seem to have suffered considerable mental pain due to each of the crimes in this case.

up to the trial of the defendant, some victims including the victims of similar rape have not been suspected of being employed, and the victims who have not been agreed are trying to punish the victims with severe punishment.

In this respect, it is inevitable to make a severe sentence on the defendant.

However, the Defendant has recognized all of the crimes of this case and expressed an attitude against his mistake.

From the 13 victims, the nine victims agreed at the original trial to the defendant, and the defendant agreed to the two victims in the first instance.

In the case of some indecent acts by compulsion, the type of force used by the defendant or the degree of indecent acts by force is relatively weak.

The defendant has no record of criminal punishment prior to the instant case.

Considering the above circumstances and the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, various sentencing factors as shown in the arguments in this case, such as the circumstances after the crime, the punishment sentenced by the court below is too unreasonable.

Defendant’s assertion is with merit.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is followed after pleading.

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