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(영문) 부산고등법원 2017.02.09 2016노712
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the completion of sexual assault treatment programs with a prison term of one year and half months, and eight hours) is too unreasonable.

2. The judgment of the court below recognized each crime as stated in the judgment of the court below and divided his mistake

Although there are extenuating circumstances such as the statement of the defendant, there is no history of the same crime, and there is no history of punishment of imprisonment without prison labor or heavier punishment, the crime of this case committed by the defendant is committed by the defendant as an instructor of a private teaching institute where the victims had been enrolled and the defendant committed several indecent acts against the victims on several occasions under the circumstances as stated in the facts of the crime in the judgment below, in light of the relationship between the defendant and the victims, and the motive, circumstance, details, means and methods of the crime of this case, etc., the crime of this case is very serious. It seems that the victims suffered mental pain due to the crime of this case committed by the defendant, and such pain seems difficult to recover easily. Nevertheless, the defendant's age, sex, family relationship, the circumstances, motive, method, etc. of the crime of this case, and the circumstances after the crime of this case, and the judgment of the court below cannot be considered in light of the defendant's argument that the defendant's punishment is too unfair.

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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