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(영문) 서울고등법원 2014.03.13 2013노3552
미성년자의제강제추행등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The sentence of the lower court (one year and six months of imprisonment, three years of suspended execution, probation, 40 hours of sexual violence therapy, information disclosure and notification) against the accused and the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") is too unreasonable.

1) The lower court’s sentence against the Defendant in the instant case is too unfasible and unreasonable. 2) It is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order in the instant case even if it is recognized that the Defendant in the instant case requesting the attachment order is

On the other hand, the defendant's part of the defendant's case (nomenclature) and the prosecutor's argument of unreasonable sentencing are also examined.

The crime of this case is an indecent act committed by the defendant against the victims under the age of 13 on several occasions, and the nature and circumstances of the crime, such as inducing the victims to commit a crime by inducing them to work in the office of the defendant, and it appears that the victims who committed the crime of this case were exposed to considerable mental shock, and that G's mother among the victims want to punish the defendant's severe punishment, etc., are disadvantageous to the defendant.

On the other hand, the fact that the defendant is the beginning of 20 primary offenders, and later recognized and reflected his mistake, among the victims, D and I do not want to be punished by the defendant, the defendant's mother's mother is leading to the defendant even though he is in the ambrison disease, and the defendant is also trying to foster the family members of the same kind by undergoing psychological examination and mental health interviews, etc., and the defendant is trying to prevent the recurrence of the same act in favor of the defendant.

There is no special change in circumstances that may differ from the original judgment in the sentencing factors as above, and the records, such as the motive and background of the instant crime, the Defendant’s age, character and conduct, environment, family relationship, etc., are revealed.

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