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(영문) 서울고등법원 2014.11.20 2014노2843
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (fine 20 million won) imposed on the Defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The Defendant, while under the influence of alcohol, committed an indecent act against a female child, who is a female child who is only three years of age.

As a result, the victims have a mental shock and there is a concern that mental development in the future is likely to be hindered in the growth process.

On the other hand, there is no record of punishment exceeding the criminal records of sexual crimes or fines, and the defendant has committed the crime of this case, while recognizing his mistake.

Defendant appears to have committed the instant crime by contingency, and the degree of indecent act is weak.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, and all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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