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(영문) 서울고등법원 2016.11.15 2016노2408
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below against the defendant (one year and six months of imprisonment, two years of suspended execution) is too unfased and unfair.

Judgment

The crime of this case is committed by a juvenile under the pretext of the Defendant’s deception, and by indecent act by compulsion of his own house, and the liability for such crime is not less and less. The crime of this case appears to have caused considerable sexual humiliation and aversion due to the crime of this case. Nevertheless, the fact that the Defendant did not receive a letter from the victim is disadvantageous to the Defendant.

On the other hand, the fact that the defendant has no criminal record, the degree of indecent act is weak, the victim's refusal to commit an indecent act is immediately ceased and the victim collected the victim, and the fact that the defendant is against the defendant while recognizing the crime is against the defendant is favorable to the defendant.

In addition, the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., and the scope of the recommended sentences (one year to two years of imprisonment) according to the sentencing guidelines set by the Supreme Court Sentencing Committee (the scope of recommending punishment) [the scope of punishment] general standard of the crime of indecent act by force (the object of 13 years or more of age), juvenile indecent act by force (one year to two years of age), and juvenile indecent act by force (the indecent act by force, such as indecent act by force, upon the relation of relatives, and by force/special indecent act by force) are included in the mitigated category 2, but the upper limit and lower limit of the sentence are weak to 2/3 (special mitigation). In full view of the following circumstances, it is not determined that the sentence imposed by the court below is unreasonable as it is too unreasonable.

Therefore, prosecutor's assertion is without merit.

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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