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(영문) 서울고등법원 2014.09.18 2014노1837
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of imprisonment and three years of suspended execution) is too unfluent.

2. The crime of this case is an indecent act against a female juvenile who was temporarily set up at soup and soup by the Defendant, and the nature of the crime is not good.

As a result, victims suffered a big mental suffering, and now, they are suffering from the post-treatment.

Nevertheless, the Defendant did not take any measures to recover damage.

However, the Defendant did not have any criminal history with a youth of 23 years of age, and recognized the instant crime, thereby against his mistake.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, and progress of the crime, all of the sentencing conditions as shown in the argument of the instant case, and the fact that the sentence imposed by the lower court is within the scope of the recommended sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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