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(영문) 대전고등법원 (청주) 2017.08.24 2017노41
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment) is too unreasonable.

2. The Defendant made a confession of each of the instant crimes and reflect in depth his mistake.

The Defendant is an initial offender who had no record of criminal punishment prior to the instant case.

It is also acknowledged that the Defendant sought a letter of favor from the victim up to the trial in the court below, and made efforts to recover damage by depositing KRW 5 million at the court below to the court below and KRW 3 million at the court below (Provided, That such money deposit may be considered only because it was made at will against the victim's will and thus made efforts to recover damage). However, each of the crimes of this case can be considered as being committed by the Defendant by force over three times and committed an indecent act by deceiving the victim's chest and negative part, which is a juvenile, and committed an indecent act during the course of such indecent act.

The victim seems to have suffered a considerable mental shock due to each of the crimes in this case.

Nevertheless, the defendant did not receive a written indictment from the victim until the trial of the party.

In full view of the aforementioned circumstances and other circumstances that led to each of the instant crimes, including the circumstances and motive leading up to the commission of the instant crimes, the age, criminal defendant’s age, sexual conduct, family relationship, environment, occupation, etc., the sentencing of the lower court, which sentenced a sentence lower than the lower limit of the sentencing guidelines, appears to have been conducted within the reasonable scope of discretion, and there is no change in sentencing conditions that can be deemed unfair to maintain the sentencing guidelines as it is.

The sentence of the court below against the defendant is too heavy;

It does not seem that it does not appear.

3. The appeal by the defendant is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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