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(영문) 부산고등법원 (창원) 2015.09.09 2015노228
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. In the judgment of the defendant when all of the crimes of this case were committed in the first instance, the defendant seriously reflects the fact that the defendant does not want the punishment of the defendant by agreement with the victim C of the indecent act by compulsion and bodily injury, and the crime of fire prevention of this case is committed by force of alcohol and does not reach the point of causing human life damage, and there is a favorable or neutral and objective element of sentencing.

However, the facts of each of the crimes of this case, which are recognized by the evidence, the evidence law, and the legal principles, and the crime of this case, are also acknowledged as an unfavorable sentencing factor or a neutral and objective sentencing factor, such as the fact that the defendant committed an indecent act against the victim C, who is a child or juvenile, and thereby, the crime is not good. The fire-prevention crime of this case was committed against the house located in the house where the victim is a house, and the risk of any excessive damage was high. The defendant had many records of punishment for violent crimes such as the crime of damaging public goods and the crime of violating the Punishment of Violence, etc. Act even before the case.

In full view of the aforementioned factors of sentencing and sentencing criteria, the statutory punishment for the general building and fire prevention (limited to imprisonment of not less than two years) with the most severe punishment among the crimes of this case, the applicable sentences in this case, the sentencing cases for similar cases, and the sentencing cases for the appellate court’s sentencing (Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015), the Defendant’s age, character and conduct, intelligence and environment, motive and circumstance leading to each of the crimes of this case, the means and consequence of the crimes, and the circumstances after the crime, etc., the sentence of the lower court shall be sentenced.

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