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(영문) 서울고등법원 2018.05.31 2018노325
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uncomfortable.

2) Although there is no special circumstance that the court below did not issue an order to disclose or notify the information to the defendant, it is improper that the court below did not issue an order to disclose or notify the information to the defendant.

2. Determination

A. The instant crime of determining the illegality of sentencing by the Defendant and the Prosecutor requires strict punishment against the Defendant when considering the following: (a) the Defendant committed an indecent act on two occasions by force against the victimized person under his protection and supervision as a person of the Taekwondo Institute; and (b) the nature of the relevant crime is not good; and (c) the Defendant did not receive a letter from the injured person even though he was aware of considerable mental state and shock with the injured person as a result of the instant crime.

However, when the defendant was in the trial for the first time, the entire confession of the crime of this case, the misunderstanding of his mistake, and the defendant is the first offender who has no record of crime, and there is no particular change in the conditions of sentencing compared with the original judgment, and the sentencing of the original court exceeded the reasonable scope of discretion.

In addition, considering the Defendant’s age, sex and environment, motive, means and consequence of the crime, conditions of sentencing specified in the instant argument, such as circumstances after the crime, and the scope of recommended sentences according to the sentencing guidelines set by the Supreme Court’s sentencing committee, etc., the sentence imposed by the lower court is deemed appropriate and is too heavy or unreasonable. Thus, the above argument by the Defendant and the prosecutor is without merit.

B. The lower court’s determination on the prosecutor’s improper assertion on the prosecutor’s disclosure and notification order 1) The following circumstances, namely, ① the Defendant was an initial offender who has no record of sexual crime, and ② the Defendant.

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