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(영문) 대전고등법원 (청주) 2019.02.14 2018노152
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. It is reasonable that there are some favorable or extenuating circumstances for the defendant, such as the fact that the defendant suffered from a trial for the first time, that there was no criminal power against the defendant, that there is no sufficient economic circumstance, that is, the current economic situation seems not good, and that the old-parent and the father, etc. who are not good in health wanting to take the measures against the defendant.

However, on the other hand, in the course of guiding a victim who was a juvenile receiving a golf course, the defendant brutly assaulted the victim with a view to a view to a view to a dangerous object, and suggested a different method to the victim who was unable to withstanding such physical punishment, and brut the victim's chest, added the adult product into the victim's clothes, and made the victim do brut movement in the victim's sexual organ, the defendant brut act was committed by putting his fingers in the victim's sexual organ.

As such, the crime of this case is highly poor in light of the background and method of the crime, the relationship between the defendant and the victim, etc., and is highly likely to be subject to criticism.

The victim, who was highly shocked due to the crime of this case, was present at the court in the process of the trial of this case and stated the facts of damage, and appears to have caused a great mental pain along with sexual humiliation, and this is expected to have an adverse effect on the overall life of the victim in the future.

Nevertheless, the Defendant did not take effective measures for the recovery of damage up to now, and did not receive a letter from the victim.

In full view of the aforementioned circumstances favorable or unfavorable to the Defendant, and other circumstances revealed in the records and pleadings, such as the Defendant’s age, character and conduct, family relationship, environment, etc., the sentencing of the lower court is within the reasonable scope of discretion.

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