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(영문) 서울고등법원 2016.07.05 2016노958
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

All appeals by the defendant and the prosecutor are dismissed.

In the judgment of the court below, "sexual assault treatment program" is used.

Reasons

The main reason for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment and two years of suspended execution) is too unreasonable.

The sentence sentenced by the court below against the defendant is too unfortunate and unfair.

It is improper for the court below to exempt the defendant from issuing an order to disclose or notify personal information.

Judgment

The following are the circumstances: (a) the Defendant recognized the crime of this case as to each of the unlawful arguments of sentencing by the Defendant and the prosecutor; (b) the Defendant appears to have committed the crime of this case in a somewhat contingent and contingent manner; and (c) the Defendant has no record of criminal punishment exceeding the same criminal history or fine; and (d) the Defendant has no record of criminal punishment exceeding the

On the other hand, the crime of this case is an indecent act committed by the defendant by force against the victim under 14 years of age who does not have any awareness, and the responsibility for the crime is very heavy, and the victim appears to have been given a considerable sense of sexual humiliation and mental impulse. Nevertheless, the fact that the defendant did not receive a letter from the victim is disadvantageous to the defendant.

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, and the scope of the recommended sentence according to the guidelines for sentencing established by the Supreme Court (one year to two years) [the scope of the recommended punishment] under the general standard of the crime of indecent act by force (13 years to three years or more) in the mitigation area (1 year to two years or more) in the mitigation area (a compulsory indecent act, such as forced indecent act by blood and intrusion upon residence) in the mitigation area of two types (1 year to two years), but it is included in the mitigation area of the sentence range to 2/3 (a special reduced person). In full view of the above circumstances, the upper limit and the lower limit of the sentence scope to 2/3 (a special mitigated person) are significantly weak, and the suspended sentence is too excessive to the defendant.

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