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(영문) 부산고등법원 (창원) 2015.08.12 2015노188
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one year of imprisonment and six months of imprisonment) is too unreasonable.

2. It is recognized that there are favorable sentencing factors such as the defendant's recognition of all the crimes of this case and seriously reflects the defendant's indecent act, the degree of indecent act against the defendant in relation to the crime of indecent act by compulsion, the fact that the defendant has no record of punishment for a sexual crime, and the crime of drinking and driving without a license is in relation to the crime of violation of the Road Traffic Act and the latter concurrent crimes of Article 37 of the Criminal Act as stated in the judgment of the court below, and the equality with the case should be considered

However, in the case of the crime of indecent act by compulsion, each of the crime of this case, which is recognized by evidence, evidence law, and legal principles, is acknowledged as a disadvantageous and neutral sentencing factor, such as the fact that the crime of indecent act by compulsion was committed against the victim, and that the victim suffered a considerable mental damage, the defendant was unable to reach an agreement with the victim, and the damage was not recovered, and the defendant has many records of drinking driving including being sentenced to suspended sentence due to drinking driving, and even though he was under criminal trial due to drinking driving, it was repeating again, and the defendant's high drinking alcohol level is also recognized.

In full view of the above factors of sentencing, sentencing guidelines, offenses of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (limited to imprisonment for a period of not less than two years, a fine of not less than ten million won, and a fine of not less than 30 million won), and offenses of violation of the Road Traffic Act with heavier punishment (limited to imprisonment for a period of not less than one year but not more than three years, and a fine of not less than five million won and not more than ten million won) and applicable sentences, sentencing cases for similar cases, Defendant’s age, character and conduct, intelligence and environment, motive and circumstance leading to each of the crimes of this case, means and consequence of the crimes, and circumstances after the crimes, etc., the sentence of the court below shall be sentenced.

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