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(영문) 서울고등법원 2016.01.15 2015노3050
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

The decision of the court below on the summary of the grounds for appeal (two years of imprisonment) is too unreasonable.

Judgment

The Defendant’s forced indecent act committed the instant indecent act is highly likely to be subject to criticism by forcing the victim, who is a student of 15 years of age who receives extracurricular lessons from the Defendant, on four occasions.

As a result, the victim, who is a juvenile in the form of sexual identity, seems to have suffered a huge mental impulse and pain.

However, the Defendant is fully aware of the instant crime, and thus reflects his fault in depth.

The Defendant had no record of criminal punishment prior to the instant case.

When the defendant was in a trial, the defendant agreed with the victim, and the victim voluntarily withdrawn the complaint of this case from the victim.

The defendant supports his wife, children, and mothers who are not good in health, and the detention of the defendant is likely to involve excessive difficulties for his dependants.

그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기와 경위, 범행 후의 정황 등 변론에 나타난 여러 양형조건들 및 대법원 양형 위원회가 제정한 양형기준에 따른 권고 형량의 범위 ◇ 양형기준상 권고 형량 ● 기본 범죄: 2015. 3. 하순 일자 불상경 범행( 원심 판시 제 2의

(d) [Type] Crimes of Forced Indecent Act (Indecent Act/Special Indecent Act/Special Indecent Act by Blood Relatives) No. 2 (Indecent Act/Indecent Act by Blood Relatives) (Indecent Act/Indecent Act by Blood Relatives) (hereinafter referred to as “Special Indecent Act”) for a sex offense: The punishment is not to be imposed [the scope of the recommended territory and the recommended punishment]. The punishment is to be mitigated, one year to two years (the lowest sentence within the scope of punishment is mitigated to 2/3, because it is a indecent act by Juvenile Force, the minimum sentence within the scope of punishment is mitigated to 2/3). The first concurrent crime is to be committed on March 2015 (Article 2-2 of the judgment of the court below).

(c) The application of the sentencing criteria is as the basic crime.

The actual crimes No. 2: the crimes not committed on February 2015, 2015 (Article 2-2 of the decision of the court below).

(b) The application of the sentencing criteria is as the basic crime.

1.2.2

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