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(영문) 광주고등법원 (전주) 2016.04.05 2016노17
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant

In addition, all appeals filed by the claimant for the observation order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment, three years of suspended execution, two years of protection observation, and 80 hours of sexual assault treatment lectures) is too unreasonable for the Defendant and the claimant for the order to observe the protective police officers (hereinafter “Defendant”).

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In order to meet the sexual desire, the Defendant committed an indecent act by using a planned method for up to 16 juveniles or young adults with a view to meeting the sexual desire. In light of the background of the crime, period, frequency of the crime, number of victims, etc., the nature of the crime is not less than that of the victims. In particular, the crime against the victims of juveniles is likely to have a significant negative effect on the formation of the victims’ sexual identity. Nevertheless, the Defendant failed to take specific measures against the victims’ suffering, and did not receive a letter from the victims, etc., that is disadvantageous to the Defendant.

On the other hand, however, most of the indecent acts seem to have been committed and the degree of indecent acts is not much serious; the defendant made a mistake from the investigative agency and made a confession of himself against the victims of his name in the criminal investigation agency; the defendant has no history of criminal punishment previously taken place; the defendant's sexual exchange has been seen to be able to be corrected through sexual assault treatment lectures for a certain period of time while maintaining his daily life.

In light of the above various circumstances and the conditions of sentencing, such as the Defendant’s age, sex, family environment, and motive for committing the crime, and the scope of the recommended sentencing guidelines set by the Supreme Court sentencing committee, the punishment imposed by the court below against the Defendant is too heavy or unreasonable.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3...

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