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(영문) 서울고등법원 2017.01.12 2016노2935
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. The judgment of the defendant is recognized that the defendant repents his mistake, and that the defendant does not have the same criminal record.

However, the crime of this case is committed by the original birth of the defendant's head of the joint venture, who is a child or juvenile, by deceptive means or by force, and by intimidation, into the victim E's sexual organ inside the mouth of the victim who is a child or juvenile, and by carrying a dangerous object, and thus, the crime is not good. The crime of this case was committed, and the victim E was committed with mental suffering and suffering which are difficult to cure the victims due to the crime of this case, because the defendant did not agree with the victims up to the trial of the party, the victim E is blishing the severe punishment of the defendant, and other conditions of sentencing specified in the argument of this case, such as the defendant's age, sex and environment, motive, means and result of the crime, and circumstances after the crime, etc., it is not recognized that the punishment of the court below is too unreasonable. Thus, the above assertion by the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and it is so decided as per Disposition (Article 47 (1) and Article 49 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is obvious that "Article 47 (1) and Article 49 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes" is a clerical error. Thus, the judgment of the court below is corrected because it is deleted in accordance with Article 25

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