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(영문) 대전고등법원 (청주) 2017.02.02 2016노188
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (12 million won in penalty and 40 hours in order to complete a sexual assault treatment program) is too uneasy and unreasonable.

2. In light of the following circumstances: (a) the crime of this case was committed in a position of the Defendant to protect the victims as a teacher, but there is a high possibility of criticism as an indecent act against the victims who committed an indecent act by using such position; and (b) the victims who were emotionally sensitive due to the crime of this case were deemed to have caused considerable sexual humiliation; (c) the Defendant led to the confession of the crime and reflects his mistake; (d) the degree of indecent act is not relatively heavy due to contingent crimes; (e) the victims and the victims have agreed smoothly; and (e) the Defendant has no special criminal record other than the one who was punished by a fine once; and (e) the sentencing conditions indicated in the argument of this case, such as the Defendant’s age, sex behavior, environment, health conditions, circumstances after the crime, and circumstances after the crime, are considered as being considered as being favorable even if all the circumstances cited by the Prosecutor in the grounds for appeal are considered.

It does not seem that it does not appear.

3. As such, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the grounds for appeal are without merit. It is so decided as per Disposition.

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