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(영문) 광주고등법원 (제주) 2015.04.22 2015노8
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Recognizing the fact of dancing on the shoulder of misunderstanding of facts C, but there was no fact that he tried to talk on the chest side thereafter, and the dancing on the shoulder also constitutes an indecent act without the intention of an indecent act. 2) The lower court’s punishment (two years of imprisonment, and 80 hours of order of sexual assault treatment program) is too unreasonable.

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

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below regarding the defendant's assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant committed an indecent act against the victim, who is a child or juvenile, as shown in the decision of the court below. Therefore, this part

B. As to the Defendant’s assertion of unfair sentencing by the Defendant and the prosecutor, there are no criminal records and criminal punishment favorable to the Defendant.

On the other hand, the crime of this case is an indecent act committed by the Defendant by force by force against the victim who had committed sexual assault even in the past, and the nature of the crime is poor in light of the circumstances of the crime, etc., and the victim appears to have received considerable mental impulse due to the crime of this case.

In addition, considering the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, method and consequence of the crime, and the range of recommended sentencing guidelines, it is not determined that the court below's punishment is too heavy or unreasonable because it is too unreasonable.

Therefore, the defendant and prosecutor's argument in this part are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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