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(영문) 서울고등법원 2016.10.20 2016노2384
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the attachment order case upon conviction on the part of the defendant’s case. Since only the defendant appealed, there is no benefit of appeal regarding the part of the attachment order case.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. for Specific Criminal Offenders, the part of the judgment of the court below concerning attachment order is excluded, and the scope of the judgment of this court is limited to the part concerning

2. The sentencing of the lower court is too inappropriate.

3. It is recognized that the defendant's mistake is divided, and the crime of this case is in a concurrent relationship between habitual larceny for which the judgment has become final and conclusive and the latter part of Article 37 of the Criminal Act, and that the same should be judged simultaneously under Article 39 (1) of the Criminal Act and the equality should be considered.

However, the crime of this case is deemed to have committed an indecent act by the defendant, who is a child or juvenile, and the nature of the crime is not good, and the defendant knew of considerable mental suffering and pain to the victim due to the crime of this case, and the defendant did not agree with the victim up to the trial. In addition, considering the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, the court below's punishment is too unreasonable. Thus, the defendant's above assertion is without merit.

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

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