logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 (청주) 2016.01.14 2015노145
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (unfair sentencing) is so unreasonable that the Defendant’s punishment (two years of imprisonment, three years of suspended sentence, and 80 hours of lectures to treat sexual assault) is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination:

A. The lower court sentenced the Defendant to 2 years of imprisonment, 3 years of suspended execution, and 80 hours of taking lectures for sexual assault treatment, taking into account the favorable circumstances such as the fact that the instant crime committed was committed by force against the high school student, and the fact that it seems that the victim’s psychological impulse appears to be high, and that it did not reach an agreement with the victim, and that the degree of the instant indecent act was not significantly serious, the Defendant did not have the same criminal history, the Defendant entrusted a certain amount of money to the defense counsel for the recovery of damage, and all other sentencing conditions.

B. At the time of the trial, the reason for sentencing was partially changed, such as recognizing the Defendant’s crime of this case and entrusting the Defendant with an additional amount of KRW 1.5 million for the victim.

However, in light of the fact that the victim still wishes to punish the defendant, and the scope of the recommended sentencing guidelines set by the Supreme Court Sentencing Commission (one year and eight months to three months), etc., the sentencing of the court below is unfairly heavy or minor, even considering all of the changed grounds for sentencing and the circumstances cited by the defendant and the prosecutor for each appeal.

It does not appear.

The grounds for each appeal are without merit.

3. If so, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow