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(영문) 대구고등법원 2015.05.07 2014노419
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

3.Provided, That this judgment shall be given for three years from the date of its final judgment.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment and ancillary disposition (two years of imprisonment, three years of suspended execution, 120 hours of community service order, and 40 hours of attending order) are too unreasonable.

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

2. We examine ex officio the judgment on the grounds for appeal ex officio.

In the case of a trial, a prosecutor has the criminal name in the "Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse", "Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act" in the applicable provisions of the Act, and "Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse," and "Article 299 of the Criminal Act" in the facts charged, "the victim suffering from the shock of the office under the influence of alcohol," the victim's chest is confined, and the victim's chest is confined, and the victim's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's k's kn's kn's k's k's k's k's k's k'.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the judgment below is reversed and it is again decided as follows.

【Reasons for the Judgment rendered by the Defendant for a crime】 The Defendant is the victim E (the age of 14) who is the student of the Defendant’s management in Jung-gu, Daegu-gu, Seoul-gu, around 13:00, around October 12, 2013.

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