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(영문) 서울고등법원 2019.03.19 2018노3163
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. Determination

A. The fact that a defendant commits a crime of similarity when he was in the trial, such as recognizing a criminal act of similarity, is divided into his mistake, that the defendant has no record of criminal punishment in Korea, and that the defendant, who was difficult at one parent family, should bear considerable disadvantage as the crime of this case, should be considered as favorable circumstances.

B. There are many circumstances unfavorable to the Defendant.

(1) The method and content of crimes are not good enough.

In order to avoid the instant crime, the victim did not enter a convenience store to force the victim, and the defendant committed an indecent act on the Gu stone by suppressing the victim by force, making the frighten and making up the frightened, and committed an indecent act again by 2 to 3 times. The escape victim committed an indecent act by putting the victim up again by 2 to 3 times, and the defendant committed the instant crime for a period of time during which the defendant did not come to a third party’s sight on the road where many unspecified persons pass and did not have a short time.

② At the time of committing the instant crime, it seems that the victims who were high school students (16 years of age) suffered emotional distress also seems to have a lot of mental distress.

In particular, in light of the contents of the crime that had been interviewed and continued while meeting, and the age and status of the victim, it seems that the degree of sexual humiliation caused by the victim is not less light.

Even though a considerable period has elapsed since the crime of this case, the victim still complained of mental suffering in the investigative agency and the court below.

C. As above, even if considering the aforementioned circumstances unfavorable to the Defendant, the conditions of sentencing as shown in the argument of the instant case, including the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court.

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