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(영문) 대구고등법원 2013.07.10 2013노31
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, and two years of suspended execution) of the lower court is deemed to be too uneasible and unfair.

2. The crime of this case is deemed to have committed the crime of indecent act by compulsion against the victim who is female juvenile who had been a guest, by allowing the defendant to enter a danran bar and sell alcoholic beverages, and there is considerable possibility of criticism in light of the circumstances and methods leading to the crime.

Meanwhile, there are extenuating circumstances, such as the following: (a) the degree of tangible force used by the Defendant at the time of committing the instant crime is considerably weak; (b) the degree of indecent act is not much much serious; (c) the Defendant is trying to assist the victim who the Defendant discussed, and appears to have caused the instant crime by contingency; (d) his mistake is against himself; and (e) the Defendant has no record of punishment for the same or similar

In addition, various sentencing conditions shown in the arguments in this case, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, the recommended sentence scope [the general standard, the crime of indecent act by compulsion (subject to the age of 13 or more), the crime of indecent act by compulsion in the range of mitigation range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range 1/2 and 1 June and 6 range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range range 9 or more, and the crime of indecent act for not less than 9 months] and the standards for suspended execution (in case where the exercise of tangible power is considerably weak for positive reasons, ② there are cases where the degree of indecent act is weak for general positive reasons.] In full view of these factors, the judgment of the defendant's liability can be considered comprehensively.

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