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(영문) 서울고등법원 (춘천) 2015.03.25 2014노256
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) There is no fact that there was a mistake of fact-finding victim E by force.

(2) The sentence of the lower court’s sentence of unfair sentencing (three years of imprisonment and six months of suspended sentence) is too unreasonable.

B. The sentence imposed by the Prosecutor is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the fact that the Defendant committed indecent act by force against the victim E can be sufficiently recognized.

B. In light of the favorable circumstances, such as the Defendant’s absence of a criminal record on the assertion of unfair sentencing, and the denial of a crime in favor of the Defendant, and the absence of agreement with the victim, and other unfavorable circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable to the extent that it can not be considerably reversed because it is too unreasonable.

3. The appeal filed by the defendant and the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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