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(영문) 서울고등법원 2014.12.18 2014노2923
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (the fine of KRW 7,000,000) is too unreasonable.

2. The Defendant has no record of sex offense, and the degree of the indecent act in this case is relatively minor, and the Defendant is committing the crime in this case, and has a good condition favorable to the Defendant, such as the fact that the Defendant is committing the crime in this case, and his mistake is pening in depth.

However, the crime of this case is committed in the apartment elevator after the defendant was getting out of the same bus, and then committed an indecent act by her hands in the apartment elevator, and the nature of the crime is not good, and the victim seems to have suffered a considerable sexual humiliation and mental impulse, and considering the defendant's age, character and conduct, the means and consequence of the crime of this case, the circumstances after the crime of this case, etc., it cannot be said that the sentence of the court below is too unreasonable.

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

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