(영문) 서울고등법원 2014.07.25 2014노1138 | 리걸엔진

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자간(%)

(영문) 서울고등법원 2014.07.25 2014노1138

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution) is too uneasy and unreasonable.

B. It is unreasonable for the court below to dismiss the request for the attachment order of this case and the request for the probation order of this case, even if there is a risk of recidivism of sexual crime committed by the defendant and the person to whom the attachment order is requested and the person to whom the probation order is requested (hereinafter “defendants”).

2. Determination

A. As to the assertion on unfair sentencing, each of the instant crimes is an unfavorable circumstance to the Defendant, such as: (a) the Defendant committed an indecent act by force against the victims of 17 years of age who are juveniles at the convenience store operated by the Defendant at an employee-only cooling room where CCTV was not installed; (b) the victims who were born due to the Defendant’s criminal act appear to have received a considerable mental shock; and (c) the Defendant committed each of the instant crimes by committing the instant crimes on the grounds of the suspicion of indecent act by force against customers at a convenience store, even though the judgment (which was rendered on the charges of indecent act by force against customers at the convenience store) was underway; and (d) the Defendant did not know of the fact that the Defendant committed the instant crimes before and after the prosecution of the instant case.

On the other hand, the degree of exercise of indecent act and tangible force of each of the crimes of this case is not significant, that the defendant agreed with the legal representatives of victims, that there is no record of criminal punishment against the defendant (the case of indecent act by compulsion against the convenience store was finalized around December 13, 2013 following the victim's cancellation of complaint). After the crime of this case, the defendant is trying to prevent recidivism, such as closing down the convenience store and fit for male Homon control, and the fact that the defendant is against the result of the judgment of the court below that found him guilty of his crime is favorable to the defendant.

The age, character, conduct and environment of the defendant, and each of the crimes in this case.

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