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(영문) 서울고등법원 2017.05.16 2017노480
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

The court below found guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse among the facts charged in the instant case, and dismissed the public prosecution regarding assault. Only the Defendant appealed the guilty portion among the judgment below and did not appeal against the dismissed portion of the public prosecution by the prosecutor, and the dismissed portion of the above public prosecution became final and conclusive separately as it is.

Therefore, among the facts charged in this case, only the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) is subject to the judgment of this court.

The summary of the grounds for appeal is unfair because the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor and six months of short term) is too unreasonable.

Judgment

It is reasonable that the defendant still has no record of sex offense against juveniles, that the defendant recognizes the crime of late late in the past when he was found guilty, that the victim does not want the punishment of the defendant, and that it is necessary to consider equality in the case of judgment at the same time with the crime of violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (mediation, etc.) of which judgment has become final and conclusive after Article 37 of the Criminal Act.

On the other hand, the defendant committed the crime of this case in the course of being tried for a violation of the Punishment of Violences, etc. Act at the same time due to the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, etc., and committed the crime of this case in the course of being tried for a violation of the Act on the Protection of Juveniles against Sexual Abuse. The crime of this case is that the defendant committed a indecent act by forcing the victim to feel sexually on the head of the victim, who is a juvenile with the interest on the reduction of the fews, and the crime of this case is very severe, and the victim seems to have suffered considerable sexual humiliation and mental pain due to the crime of this case. The defendant threatened the victim to the effect that the death was discarded upon reporting

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