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(영문) 서울고등법원 2017.05.11 2017노324
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The defendant's appeal is dismissed.

Reasons

1. On February 23, 2017, summary of the grounds for appeal, the grounds for appeal by the person concerned include the assertion of mistake as to the facts, and the reasons for appeal by the person concerned on February 27, 2017, respectively.

However, at the first trial date of the trial, the defendant's defense counsel explicitly withdraws the argument of mistake of facts on the trial date, and the defendant's defense counsel asserts that the mental and physical weakness are only reasons for sentencing.

The sentence of the lower court (the completion of a sexual assault treatment program for three years and six months, and forty hours) is too unreasonable.

2. The Defendant was found to have committed a crime against the victim H in the course of trial, and all of the instant crimes were led to confessions and reflects his mistake.

Defendant has no record of being punished for a sex offense.

The victim F does not want the criminal defendant to be punished by cancelling the criminal complaint against the defendant by investigation agency.

The defendant seems to have committed each of the crimes of this case in a drunken state.

However, each of the crimes in this case committed an act of similarity by forcing the victim F and G, which is a juvenile, on two occasions, and inserting the fingers in the sexual organ of the victim H, which is a juvenile, by force, and it is not easy for the case to be light of the contents of the crime, but not to be light of the crime.

In addition, the victims have suffered physical and mental pain due to each of the crimes of this case, and each of the crimes of this case has a negative effect on the current life of the victims, and it seems that they will remain in an emergency where they could not be able to live in the future.

Before the trial, the Defendant did not agree with the victim G and H.

Furthermore, even though the defendant is under repeated crime, he committed each of the crimes of this case.

In addition, in full view of the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., as well as the sentencing guidelines for the Supreme Court’s sentencing committee, the lower court’s punishment is too unreasonable.

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