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(영문) 서울고등법원 2018.02.08 2017노2853
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below is too uncomfortable.

2. Considering the fact that the Defendant committed an indecent act by force against the victim F, H, and victim G, I, and J, a child juvenile, and the nature of the offense is not good, strict punishment against the Defendant is necessary.

However, considering the following: (a) the Defendant’s mistake is divided; (b) the Defendant was the first offender; (c) the Defendant did not want the Defendant’s punishment under an agreement with the victim H and J; (d) the Defendant was sentenced to suspended execution of imprisonment with prison labor; and (c) the order to attend a lecture and the order to provide community service together with the order to attend a meeting; (c) the degree of indecent act in this case; (d) the Defendant’s age, sex and environment; (e) the motive, means and consequence of the crime; and (e) the conditions of sentencing specified in the argument in this case, such as the circumstances after the crime, etc., the lower court’s

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 21(2) main text and Article 21(4) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse). However, “Article 16(2) main text and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 21(2) main text and Article 21(4) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse,” and “Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Crimes,” and “Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,” and “Article 50(1) proviso of the Rules on the Punishment, etc. of Children and Juveniles against Sexual Abuse” are clearly written.

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