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(영문) 청주지방법원 2019.05.17 2018노1386
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment imposed by the lower court (a two years and six months of imprisonment, an order to complete a sexual assault treatment program of 80 hours, and an employment restriction order of 10 years) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.

The defendant had the victims of 9 years of age and 16 years of age transmit a photograph of body, and, in particular, coercions a child of 9 years of age to disclose his phone number and photograph to the public, the method of crime is very poor.

The victims seem to have suffered a considerable sense of sexual humiliation and physical shock and suffering from the crime of this case, and such suffering cannot be seen to be easily recovered in the future.

The victims and their families have submitted a variety of applications to be punished for a severe punishment against the defendant.

In addition, considering the favorable circumstances, such as the Defendant’s age, character and conduct, environment, and family relations, and various conditions of sentencing indicated in the pleadings and records, considering the following: (a) the Defendant is seriously against the Defendant; (b) there is no history of criminal punishment; and (c) the Defendant’s family members wanting to take the Defendant’s wife, the lower court’s sentence cannot be deemed excessively excessive beyond the reasonable limit of discretion.

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

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