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(영문) 청주지방법원 2017.03.24 2016노1079
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the sentence imposed by the court below (a year of suspension of execution of one year and six months of imprisonment, observation of protection, and an order to attend a sexual assault treatment lecture for forty hours) is too unreasonable because it is too unreasonable, and the prosecutor asserts that the above sentence is too unfeasible and unfair.

2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.

The lower court determined the Defendant’s punishment in consideration of the following circumstances confirmed through the overall purport of records and pleadings.

The favorable circumstances: (1) the defendant recognized the crime of this case; (2) the defendant made efforts to recover damage in his own name by depositing certain money to the victims; (3) the defendant has no criminal record for the same kind of crime; and (4) the defendant has the mental health department and treatment faithfully.

(1) The crime of this case is committed in front of the victimized children playing in the playground to satisfy their sexual desire, and it seems that the Defendant had affected the growth and development of the victimized children with severe mental impulses and parents, and ② repeatedly committed the crime of this case three times in a short period of time, and even if the court below determined that all the circumstances, including the materials added in the court below's proper judgment, are collected to determine that the sentencing of the court below exceeded the reasonable limits of discretion, and all all the circumstances, which can be the conditions of the overall sentencing confirmed through the record, including the whole materials added in the court below.

It does not seem unfair to maintain the judgment of the court below as it is.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair can be accepted.

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