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(영문) 서울고등법원 2018.11.01 2018노2222
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and ten months.

Sexual assault against the defendant for forty hours.

Reasons

The summary of the grounds for appeal (the imprisonment of three years, the completion of sexual assault treatment programs, etc.) of the lower court is too unreasonable.

Judgment

The crimes of this case are the circumstances unfavorable to the defendant, such as the fact that the defendant, who was a high school cocoin, committed a forced indecent act or a forced indecent act by force against the victims who were victims of the high school, on 44 occasions [the victim D (the name; hereinafter the same shall apply) : 22 times victim E 11 times victim G 11 times victim G2 victim H]. It is not very good that the crime was committed, the victims suffered considerable mental shock and suffering from the defendant's crime, and the victims might be adversely affected by the formation of sound sexual identity and values.

However, the fact that the defendant recognized all of the crimes and reflects the wrongness of the defendant, that the defendant was the first offender, that the victims themselves and their parents expressed their intent not to punish again in the case of the party, and submitted the written applications to the defendant's prompt return to society, and that many of the leaders of the old old-age and the old-age athletes want to be able to leave the defendant's preference, etc. are favorable to the defendant.

In addition, considering the defendant's age, environment, motive, means and consequence of the crime, circumstances after the crime, etc. of this case and various sentencing conditions as shown in the theory of changes, etc., the sentence imposed by the court below is too unreasonable, and thus, the defendant's assertion is reasonable.

Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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