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(영문) 서울고등법원 (춘천) 2014.08.20 2014노82
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the sentence of the court below (two years and six months of imprisonment) is too unreasonable, and the gist of the prosecutor's grounds for appeal is that the defendant is too uneasible and unfair. The defendant does not commit the same kind of crime. In particular, the recent ten years have not been punished, and in particular, the defendant's favorable circumstances and the defendant's living in a relatively sincere manner, such as the fact that he was living in a relatively sincere manner, are coming to the grounds for appeal of unfair sentencing. However, it is difficult to view that the defendant's behavior of opportunistic lawsuit is clearly unfair, such as maintaining the attitude of denying it as in the court below with respect to some indecent acts among the facts charged, and it is difficult to 5 million won for the victim or his person with parental authority, and it is difficult to see that the court below already deposited the defendant's order of sentencing with the victim or his person with parental authority, and it is hard to see that the defendant's age, motive and condition of punishment, etc., are too unfavorable to the defendant's age and circumstances.

Since both appeals are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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