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(영문) 서울고등법원 2014.11.14 2014노2639
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unfilled and unreasonable.

2. In full view of the following factors: (a) the instant crime is not planned but appears to have been committed by a misunderstanding that the Defendant had mutual hosity with the victim on the day of the instant case; (b) the Defendant is not subject to criminal punishment prior to the instant crime; (c) the Defendant is not subject to criminal punishment prior to the instant crime; (d) the relationship between the Defendant and her mother appears to be clear and the Defendant’s mother appears to have a strong guidance; and (e) other factors such as the Defendant’s age, character and behavior, family environment, motive and background of the instant crime; (e) the means and consequence of the instant crime; and (e) the application of the sentencing guidelines of the Sentencing

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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