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(영문) 서울서부지방법원 2015.11.12 2015노1189
공연음란등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, 40 hours of sexual assault therapy, and probation) of the lower court shall be too minor;

2. The judgment of the defendant was sentenced to a suspended sentence of one year for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and committed the crime of indecent act by compulsion in this case under the number similar to the previous crime during the grace period. The crime of this case is an element of sentencing against the defendant, which is disadvantageous to the defendant, because the defendant committed obscene acts, such as committing a self-defacing act toward the driver's seat of a woman driving on his own, and knee and knee the part of a woman's sexual organ knee and knee, knee and knee, knee, taken a female's own sexual organ with a cell phone while the damaged woman's cell phone was stolen, causing severe sexual humiliation and infringed on the victim's right to sexual self-determination.

However, the fact that the defendant recognized all of his criminal acts, and the defendant seems to have continuously committed sex-related crimes for mental reasons, such as sexual desire or impulse control disorder, etc., so it is more appropriate that continuous treatment and surrounding guidance are given to prevent recidivism than punishment, and that the defendant and his parents have expressed an active intention of treatment, and that it seems that the defendant and their parents have been detained for three months in the court below, and that they have an opportunity to sufficiently reflect their mistakes, are the factors for sentencing favorable to the defendant.

In addition, considering the various factors of sentencing prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, family relationship, etc., the sentence of the court below cannot be deemed to be too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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