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(영문) 창원지방법원 2020.01.21 2019노2057
아동복지법위반(상습아동에대한성희롱등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment, 40 hours of order to complete a sexual assault treatment program, 3 years of employment restriction order) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The act of sexual abuse, such as physical abuse against a child or sexual harassment that causes a sense of sexual shame to a child, is detrimental to the development of a child’s perfect and harmonious personality and the formation of sound sexual values, and requires strict liability for such crime.

In light of the defendant's method of crime or the frequency of crime, the nature of the crime is not very good.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant committed each of the crimes of this case in the course of trial and reflects the depth of his mistake, that there has been no history of criminal punishment so far, that the victim agreed with the victim in the original trial, that the victim does not want to be punished against the defendant in the trial, and that the victim expressed his/her will to be able to get the defendant in the first instance trial, and that the family members and branch members of the defendant want to have the preference against the defendant, and that the defendant want to have the preference against the defendant, and that other circumstances that are conditions for sentencing, such as the defendant's age, character, character, environment, and conditions before and after the crime, the sentence of

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

(2) The court below's decision on the grounds that the defendant's appeal is accepted and the judgment of the court below is reversed shall not be dismissed separately from the judgment of the court below). [Separately used case] Criminal facts and summary of evidence recognized by this court and summary of evidence are as follows: "1. The defendant's partial statement in court" in the summary of evidence of the court below's decision on the ground that "1. defendant's

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