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(영문) 서울서부지방법원 2015.12.10 2015노1482
아동복지법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (ten months of imprisonment and forty hours of completion of sexual assault treatment programs) is too heavy.

2. The fact that the Defendant was found to have committed the instant crime in the first instance and against all of his criminal acts, and that he was unable to control his actions due to the shock disorder, and that the Defendant appears to have reached the instant crime is an element of sentencing favorable to the Defendant.

However, the defendant has been punished three times in the same way as this case, and some of the crimes in this case are the sentencing factors disadvantageous to the defendant, because they have shown their sexual organ against their will against the juvenile who has not yet been formed with the awareness of sex or accident. Some of the crimes in this case are likely to be subject to criticism because they are likely to have distorted thoughts about sex. Some of adult women show their sexual organ and expressed their sexual organ according to their gender, or talk that they are about to the damaged women without being able to do so, which are highly illegal in the method of the crime.

In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, it cannot be said that the sentence of the court below is too unreasonable.

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

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