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(영문) 의정부지방법원 2018.04.09 2018노583
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (unfair sentencing) of the lower court’s sentence (one year and two months of imprisonment, 40 hours of completion of sexual assault treatment programs, and 1 of forfeiture evidence) is too uneased and unreasonable.

B. The lower court’s sentence is too unreasonable as the Defendant (unfair sentencing)’s punishment is too unreasonable.

2. We also examine the judgment prosecutor and the defendant's respective arguments relating to sentencing.

The fact that the defendant recognized each of the crimes of this case and is closely against each of the crimes of this case, and that there is no record of criminal punishment heavier than suspension of qualification.

On the other hand, each of the crimes of this case is limited to the victim who is a child, and the nature of the crime is very serious in light of the form, content, and target of the crime, and each of the crimes of this case appears to have suffered a big mental suffering of the victim, but the fact that the victim or the parent of the victim did not receive a letter from the victim is disadvantageous to the defendant.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, circumstances after the commission of the crime, and all the sentencing conditions as shown in the records and pleadings, the sentence imposed by the lower court was proper and the lower court’s judgment exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible or unreasonable, or it cannot be deemed unfair because it is too unreasonable as the defendant asserts, so the prosecutor's and the defendant's above assertion are without merit.

3. In conclusion, since both the prosecutor and the defendant's appeal are without merit, 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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