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(영문) 부산고등법원 2017.09.07 2017노311
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won penalty) imposed by the court below on the defendant is too unreasonable.

[Judgment of the court below in light of the above legal principles and records, the court below did not err by misapprehending the legal principles as to the facts alleged in the ground of appeal, as otherwise alleged in the ground of appeal.

2. We examine the judgment of the court below, the circumstances favorable to the defendant, which were shown in the proceedings of the court below and the court of the first instance (the defendant committed the crime of this case in the court below and the court of the first instance, against his mistake.

A statement is made, the court below made an agreement with the victim and expressed the victim's intention that he does not want the punishment of the defendant, and there is no criminal conviction of the defendant) and the circumstances unfavorable to the defendant [the crime of this case committed by the defendant is an indecent act by force against the victim (the victim (the victim) who is a juvenile like the criminal facts stated in the court below's decision, and the nature of the crime is not less than that of the crime in light of the criminal facts, its details, means, methods, and results, etc., and the crime of this case committed by the defendant seems to have received a considerable sense of sexual humiliation and mental shock due to the crime of this case committed by the defendant], and considering various factors of sentencing as shown in the court below and the trial proceedings of the court below, including the fact that the punishment imposed by the defendant falls under the lowest sentence of the punishment mitigated, and it is no longer impossible to reduce the punishment more. Thus, the above assertion by the defendant is without merit.

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

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