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(영문) 대구고등법원 2017.12.14 2017노466
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

The summary of the grounds for appeal is that the punishment (one year of imprisonment and 80 hours of completion of sexual assault treatment programs) imposed by the court below on the defendant and the requester for the observation order (hereinafter referred to as the "defendant") is too unreasonable.

As long as the lower court’s punishment on the part of the request for protective observation order is too severe, the lower court also orders the Defendant to observe the protective observation for a period of two years from the date when the execution of imprisonment is completed

Judgment

Examining the various sentencing conditions in the part of the case against the Defendant, the crime of this case was committed by the Defendant, who was in military service, by inserting hands in the 16-year-old female 16-year-old female brying room, and committed an indecent act by drinking the chest. The crime of this case was committed in light of the background and place of the crime, the interview and interview with the manual, the victim’s age, etc., and the victim’s emotional impulse and sexual humiliation are deemed to have caused considerable mental impulse and sexual humiliation, and thus, the victim appears to have caused such a sense.

On the other hand, however, the defendant appears to reflect the wrongness while committing the crime; the degree of conduct is not much serious; in particular, the victim does not want the punishment of the defendant; the victim does not want to have any criminal punishment except for the juvenile protective disposition once by violence in 2008; the mother's mother appeals against the defendant's wife; it is necessary to give the defendant's opportunity to be a healthy member of society with university in the middle of 200; the defendant's age, career, sex and environment, family relationship, health status, motive and background of the crime, means and consequence of the crime; and the circumstances after the crime, etc.; and it appears that the defendant has been detained for about 3 months in the instant case; and the defendant's age, career, sex and environment, family relation, health status, the motive and consequence of the crime; and all of the sentencing conditions stated in the records and changes after the crime, etc., a sentence of imprisonment for a certain period of one year should be sentenced by the court below, comprehensively, by taking into account the following factors.

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