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(영문) 광주지방법원 2016.01.12 2015노2161
미성년자약취미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year and six months of imprisonment, three years of suspended execution, three years of protection observation) on the gist of the grounds of appeal is deemed to be too uneasy and unreasonable.

2. The judgment of the court below attempted to attract the victim under the age of 6 who was trying to board an elevator to another place. The elements of unfavorable sentencing, such as the fact that the nature of the crime is not good, the defendant is divided into depth and is under counseling with his mind. The defendant's family members are strong will to lead the defendant. The defendant attempted to affix his photograph to the victim in order to refer to the cartoon, but the defendant tried to go back to the victim and returned to the victim immediately after the victim's resistance. The defendant deposited 2 million won for the recovery of damage, there was no history of criminal punishment, and the victim's mental shock appears not to be serious enough to impede the normal development of the victim, and the defendant's age, sex, criminal conduct, environment, motive, means and result of the crime, and the circumstances after the crime are committed, and the defendant's recommendation to keep the sentencing guidelines in light of the following factors: the court below's recommendation to keep the sentencing guidelines in light of the following factors: the defendant's imprisonment with prison labor for more than 4 years.

In full view of the foregoing, the lower court’s sentence against the Defendant is too unfasible and unreasonable.

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

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