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(영문) 서울고등법원 2014.02.21 2013노3572
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year suspended sentence of imprisonment) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter “Defendant”) (hereinafter “Defendant”), is deemed to be too uneasible and unfair.

2. Determination

A. Each of the instant crimes on the assertion of unfair sentencing is an indecent act against female students who were divingd by urban buses on the roads on which the Defendant on the ground of invasions, etc., in light of the method of crime and the degree of damage, and the repetition of the crime, etc., the crime is inferior. The victims of sexual humiliation and mental shock due to each of the instant crimes, and the victims did not recover from damage, and both victims want to punish the Defendant.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized in entirety and is against depth, that the degree of indecent act and the degree of exercise of tangible force is not much serious, that there is no criminal power against the defendant, that the defendant is an apartment cleaning agent due to the age of 74 years old, that the defendant is in a difficult life with his wife who is administered with the acute scarcity, and that the risk of recidivism is not high in the investigation of the defendant's claim against the defendant.

In addition, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, etc., and the sentencing guidelines of the sentencing guidelines of the Sentencing Commission for the crime of indecent act by force (the target of 13 years of age or older) by force by force by force by force by force by the Supreme Court and the sentencing guidelines of the Sentencing Commission for the second type [the sentencing guidelines of the crime of indecent act by force by force by juveniles] [the scope of recommendations] where the degree of indecent act by force is weak (the scope of recommendations), year-2 (the maximum and minimum limits of sentence of indecent act by force by juveniles shall be reduced to 2/3): The sentencing guidelines for the crime of indecent act by force by force by force by force by year to 3 years and the main reasons for the criminal act by force

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