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(영문) 서울고등법원 2016.07.14 2016노252
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below is too uncomfortable.

2. The crime of this case requires strict punishment against the defendant when considering the fact that the defendant committed an indecent act by force against the victim who is a juvenile at the bus stop and the quality of the crime is not good.

However, the defendant's mistake is divided, the defendant does not have the same criminal record, the defendant is sentenced to the suspension of the execution of imprisonment with prison labor and the order to attend the course together, and the sentencing of the court below is not changed in the conditions of sentencing compared with the court below, and the sentencing of the court below exceeded the reasonable scope of discretion.

In addition, considering the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below cannot be deemed unfair because the defendant's punishment is too uneasible, and thus, the prosecutor's above assertion is without merit.

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

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