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(영문) 대전고등법원 2018.10.19 2018노350
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (a punishment of imprisonment with prison labor for three years, for forty hours, for orders to complete sexual assault treatment programs, for three years employment restriction orders) is excessively unreasonable.

2. The defendant committed an indecent act by force against a juvenile who is his or her father or descendant, and the defendant was not able to conduct a test for his or her ability to study and was in front of one week.

In light of the fact that the victim in the third grade of high school takes his personal body back to a rare place against the victim's will and put his own body into the victim's injury, booms the victim's fingers into the victim's sexual organ, etc. The crime of this case appears to have suffered a considerable sexual humiliation and mental impulse, the defendant is the victim's friendship, and the victim's family member is also in a relationship with the victim's father, and the victim's family member seems to have suffered a considerable mental pain due to this case, it is necessary to bear strict liability corresponding to the defendant.

However, the court below's punishment against the defendant is unfair because it has no record of being punished for a sex offense, and there is no record of criminal punishment except for a punishment imposed once due to driving of drinking, and considering the fact that the victim and his/her family members have not want to punish the defendant as favorable to the defendant, and considering the defendant's age, career, sex, sexual conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc. in consideration of the equality of both punishment and similar cases as shown in the argument of this case, such as the defendant's age, career, sex, environment, motive and circumstance of the crime, etc.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for the judgment to be used again] criminal facts and charges.

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