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(영문) 대전고등법원 2014.04.25 2014노44
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The sentencing of the lower court (two years of suspended execution for one year of imprisonment, eight hours of community service, and forty hours of order to attend a lecture) is deemed unfair and unfair. In addition, it is also unreasonable for the lower court to exempt the disclosure and notification order.

2. It is reasonable to consider the sentencing of the Defendant in light of the following: (a) the degree of the instant indecent act does not focus on the degree of the instant indecent act; (b) the Defendant appears to have committed a crime dynamicly while under the influence of alcohol; (c) the confession of the crime is against the Defendant; and (d) there is no particular

However, in light of the fact that the crime of this case was committed by the Defendant against the 13-year old juveniles, and the nature of the crime is not good, and that no specific measures have been taken to recover from damage up to now, the sentencing of the lower court is deemed to be too uneasible and unreasonable.

In addition, even though the degree of indecent act in this case is not severe, the defendant has no same criminal history, and the defendant is deemed to have committed the crime in this case under the influence of alcohol.

However, as the Defendant currently divorced from his wife and her children live far away from her children, and thus, in light of the Defendant’s speech and behavior at the time of the instant crime, the Defendant appears to pose a risk of repeating the same crime as the instant case if she drinks in the future. Therefore, the lower court is deemed to have exempted the Defendant from disclosure order and notification order.

Therefore, prosecutor's assertion is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The main part of the judgment of the court below is as follows.

Application of Statutes

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Criminal Act, Article 7 of the same Act, and Article 7 of the same Act concerning criminal facts;

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