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(영문) 제주지방법원 2018.02.08 2017노466
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a punishment of imprisonment for one year and two years of suspended execution, a community service order of 160 hours, and an order to attend a sexual assault treatment lecture of 40 hours) is too unreasonable.

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

2. Under our criminal litigation law taking the trial-oriented principle and the principle of directness, where there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendant shows an attitude against the recognition of each of the instant crimes, and that the Defendant is the first offender who has no record of criminal punishment.

On the other hand, in light of the subject of each of the crimes of this case, method of acceptance, form of conduct and frequency of each of the crimes of this case, etc., it is also recognized that the crime is not good, that the defendant did not receive a letter from the victims, and that some victims complain of the second damages.

In full view of the above circumstances and the Defendant’s age, sex, environment, motive and background of each of the instant offenses, means and methods, and all the sentencing factors expressed in the instant records and trial process, including the circumstances after the commission of the offense, the sentence imposed by the lower court does not seem to have exceeded, exceeded, exceeded, or unreasonable, because it was too hot or hot.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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