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(영문) 광주고등법원 (전주) 2015.02.10 2014노306
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (one year of imprisonment, 80 hours of completion of a sexual assault treatment program, 30 hours of disclosure, and notification order) in part of the Defendant case (hereinafter “Defendant”) is unreasonable. 2) The part of the Defendant’s case seeking an attachment order that the Defendant has maintained his livelihood while carrying out unfolding, painting, painting, etc. The lower court ordered the Defendant to attach an electronic tracking device for three years and imposed a ban on the Defendant from going out of the Republic of Korea from 24:00 to 06:00 each day due to its compliance. As such, imposing an order on the Defendant to attach an electronic tracking device for three years and imposing a ban on going out of Korea by 23:00 to 05:0 each day should be changed.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the Defendant and the prosecutor’s respective arguments on unreasonable sentencing.

Each of the crimes of this case is an indecent act committed by the Defendant on three occasions, which is a female juvenile with a usual knowledge, on two occasions, the nature and circumstances of the crime are not good. Each of the crimes of this case appears to have caused sexual humiliations that the victims did not seem to have suffered from the crime of this case, and the Defendant did not recover the victim C’s damage up to the trial, or did not receive any indictment from the victim, and the Defendant committed the same kind of crime without being aware of the violation of the Act on the Protection of Children and Juveniles from Sexual Abuse at the Jeonju District Court on May 24, 2013 and without being aware of the fact that the Defendant was sentenced to imprisonment for one year and six months and three years of suspension of execution and without being aware of the fact that the Defendant committed the same kind of crime, which is equivalent to his/her responsibility, is inevitable.

On the other hand, the defendant's confession of each of the crimes of this case and recognized his mistake, and the extent of the defendant's indecent act against the victims seems to be relatively minor, and the defendant agreed with G.

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