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(영문) 대전고등법원 2013.12.11 2013노455
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (two years of imprisonment, 40 hours of sexual assault treatment program, 5 years of disclosure and notification order) is too unreasonable.

2. The fact that the defendant is fully aware of the facts of the crime, and the mistake is divided, and the fact that there is no previous conviction before the case is more favorable for determining the punishment.

However, in full view of the following circumstances: (a) the Defendant’s act of self-defense by continuously threatening the victim’s body or obscene videos to the effect that the victim would spread on the Internet; (b) the degree of intimidation and indecent conduct is very serious; (c) the victim seems to have suffered a big mental impulse; (d) the repeated commission of fraud and the recovery of damage is not made; and (e) the Defendant’s age, character and behavior, intelligence and environment, motive, means and consequence of the crime; and (e) all other circumstances constituting the conditions for sentencing, including circumstances after the crime, etc., the punishment imposed by the lower court cannot be deemed unfair.

Therefore, the defendant's assertion is not accepted.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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