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(영문) 대구지방법원 2020.09.22 2019노3970
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a year and six months of imprisonment, a suspended sentence of three years, a probation, an order to attend a lecture for 80 hours, a restriction on employment for five years) of the lower court is deemed to be too uneasy and unreasonable;

2. The judgment below seems to have imposed the above punishment by comprehensively taking into account the circumstances favorable to the defendant (the fact that the defendant commits an indecent act against the mistake, the fact that the defendant did not proceed to the exercise of force in a simple indecent act, the defendant is 19 years of age at the time of committing the crime, and there is a need to give the defendant an opportunity to grow as a sound social member, and the first offender is the first offender) and unfavorable circumstances (the fact that the defendant commits an indecent act twice the age of 11 and caused sexual humiliation on the 16 text messagess).

In light of the aforementioned grounds for sentencing and no agreement with the victim, the defendant's age, career, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, circumstances after the crime, and other circumstances that can be known by the records, and there are no special circumstances or changes in circumstances that the court below did not change the punishment against the defendant, the sentencing of the court below is appropriate and it cannot be deemed that it abused its discretionary power or deviates from the limits of discretion.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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