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(영문) 서울고등법원 2016.06.14 2016노873
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the reasons for appeal is that the sentence imposed by the court below on the defendant (one year and six months of imprisonment and three years of suspended execution) is too unreasonable.

The sentence imposed by the court below against the defendant is too uneasible and unfair.

Judgment

The fact that there is no criminal record against the defendant, that the defendant recognized the crime of this case and reflected the mistake, that the victims do not want the punishment of the defendant, and that the social conviction of the defendant is relatively clear, etc. are favorable to the defendant.

On the other hand, the crime of this case is an unfavorable circumstance to the defendant because the defendant committed an indecent act by force or force against the victims who are children or juveniles as high school teachers, and the crime of this case seems to have suffered considerable physical and mental pain.

In addition, the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime in this case, and the crime of violation of the Act on the Protection of Children and Juveniles from Sexual Abuse [the scope of recommended punishment] under the general criteria for the crime of indecent conduct (the crime of violation of the Act on the Protection of Children and Juveniles from Sexual Abuse) in the mitigated area (1-2 years to 1-2 years), is included in the type 2 in the mitigated area (the crime of forced indecent conduct/special coercion such as forced indecent conduct by blood, intrusion upon residence, etc.). However, the upper limit and lower limit of the sentencing range [the person without special aggravation] [the general criteria for the crime of indecent conduct in the Act on the Protection of Children from Sexual Abuse, such as forced indecent conduct in the Act on the Protection of Children and Juveniles from Sexual Abuse] is not subject to punishment [the person with no report or protective facilities] / [the general criteria for the crime of indecent conduct in the Act on the Protection of Children and Juveniles from Sexual Abuse.]

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