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(영문) 광주고등법원 (제주) 2019.06.19 2019노41
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
Text

The defendant's appeal is dismissed.

Reasons

In full view of the following facts: (a) the summary of the grounds for appeal (unfairly unfair) that the Defendant recognized and reflected the crime; (b) the victim does not want to be punished against the Defendant; and (c) the Defendant does not have any criminal power to commit the crime, the lower court’s punishment (the imprisonment for a period of two years and six months; (b) orders to complete sexual assault treatment programs for forty hours; and (c) orders to restrict employment for ten years) is too unreasonable

Judgment

The instant crime committed by the Defendant committed an indecent act by forcing a female victim's chest, sound, etc., who is a juvenile known to him/her through SNS within his/her own car, and committed a similar act by inserting his/her fingers by force during the victim's sexual period, and the crime is very poor in light of the contents and methods of the relevant crime.

The victim seems to have suffered mental shock and pain due to the defendant's crime of this case.

In addition, in full view of all the sentencing conditions in the records and arguments of this case, including the background, content, means and result of the crime of this case, the age, character and conduct, environment, etc. of the defendant, the sentence of the court below against the defendant cannot be deemed unfair.

(3) The defendant's appeal is justified. (4) The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench. (4) The defendant's appeal is without merit.

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