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(영문) 부산고등법원 (창원) 2021.03.17 2020노300
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment, etc.) is too unlimited and unfair.

2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant committed an indecent act, sexual harassment, assault, intimidation, or insult against the aged victims, and the victim seems to have suffered physical and mental shock due to the crime of this case.

On the other hand, the fact that the defendant has led to the confession of all the facts of crime and reflects against the defendant, there is no criminal record exceeding the fine of the defendant, and the victims have reached the judgment that they do not want the punishment of the defendant by agreement with the defendant is favorable

The above circumstances and the defendant's age, gender and environment, motive, means and consequence of the crime of this case, all of the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, and the scope of the recommended sentencing guidelines for the enactment of the sentencing committee of the Supreme Court.

1. The scope of punishment by law: Imprisonment for two to forty-five years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) A Class 1 crime (a) (a type of a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse) or a sex offense;

(b) An indecent act committed by force (a person subject to 13 or more years of age) [Attachment 2] Indecent act/special compulsory act (a person subject to special sentencing] by force, such as forced indecent act/fire by blood and intrusion into residence: In the mitigated area of punishment [the recommended area and the scope of the punishment], one year to two years (in the case of forced indecent act by juveniles, it shall be included in Type 2, but the upper limit and lower limit of the scope of punishment shall be reduced to 2/3).

(b) Second Crimes (Intimidation) [Type 1] General Intimidation [Special Sentencing Person] mitigated element: The victim who is vulnerable to the crime [the territory of recommendations and the scope of recommendations] basic area, two months of imprisonment to one year;

C. No. 3 Crimes (Assaults) / 03. Violence / [Type 1] General assault / [Special Sentencing Persons].

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