logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2017.10.19 2017노442
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (a punishment of KRW 5 million) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine the judgment, the circumstances favorable to the defendant, which were shown in the trial proceedings of the court below and the court below (the defendant has consistently led to the criminal acts of this case since the investigative agency to the trial of the party, and his mistake has been repented in depth.

The fact that the court below stated that an agreement between the defendant and the victim's legal representative has been reached and expressed that the victim does not want the punishment against the defendant, and that the defendant committed the crime of this case by force against the defendant (the crime of this case committed by the defendant is the first offender who had no previous conviction prior to the crime of this case) and the circumstances unfavorable to the defendant (the crime of this case committed by the defendant is an indecent act against the victim who is a male juvenile under the age of 14 in light of the criminal facts stated in the court below's judgment. The crime of this case committed by the defendant is not less than the nature of the crime in light of the criminal facts, and it is difficult to be accepted in light of the general sexual morality concept, and it is likely that the crime of this case committed by the defendant may have a negative impact on the formation of sound sexual identity or values of the victim due to the crime of this case. Despite the fact that the defendant had the power of suspending indictment once due to forced indecent act, the defendant's punishment repeatedly committed the same kind of crime of this case constitutes the lowest punishment that has been mitigated or too unreasonable in the defendant's punishment.

arrow