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(영문) 광주고등법원 2016.01.28 2015노541
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 10 million) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant facts charged; (b) there is no history of punishment for sexual assault crimes; and (c) the Defendant agreed with the victim solely; and (d) the Defendant wanting to have the Defendant’s wife.

On the other hand, the crime of this case is committed by the defendant with the victim, etc. who is a juvenile, committed an indecent act by the defendant, and the nature of the crime is poor, and it seems that the suffering of the victim who was aged due to the crime of this case seems to have been considerable mental shock, etc., which are disadvantageous to the defendant.

Considering the above circumstances, comprehensively taking into account various sentencing conditions, such as the Defendant’s age, sex, environment, background of the instant crime, and the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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