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(영문) 대전고등법원 2015.11.13 2015노308
방실침입등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. Defendant’s unreasonable sentencing: The lower court’s imprisonment (one year and six months of imprisonment, and two years of suspended execution) is too unreasonable.

B. Prosecutor’s unreasonable sentencing: The lower court’s sentence is too unjustifiable and unreasonable.

Judgment

The crime of this case is committed by the lessor by opening a door and intrusion with the key in the studio that the lessor is residing in the leased and residing by the female, while committing an indecent act against the said female, and it is not good to the nature of the crime and is highly likely to

Furthermore, the victims are still 17 years of age, and they seem to have suffered considerable sexual humiliation and mental impulse due to the crime of this case.

Since there is no agreement with the victim and there is no adequate recovery of damage, the victim is punished for the defendant.

However, the defendant is a first offender who has no past history of punishment.

The defendant seems to have made efforts to agree with the victim.

The risk of recidivism is clearly low because the defendant's social and family support base is clear.

When the judgment that sentenced the suspended sentence against the defendant becomes final and conclusive, the defendant seems to be able to lose his/her workplace.

In full view of the circumstances that can be seen by the record, including these circumstances, the sentence imposed by the court below is too heavy or less, in view of the circumstances that can be seen by the record.

The judgment of the court below cannot be deemed that the amount of punishment imposed by the defendant, his defense counsel, or the prosecutor has an unreasonable ground, as alleged in the grounds for appeal.

Therefore, since the appeal by the defendant and the prosecutor is without merit, all appeals by the defendant and the prosecutor are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

However, among the application of laws and regulations of the court below, the punishment of "competence" is more severe and limited to the punishment stipulated in the crime of indecent act by compulsion against the Act on the Protection of Children and Juveniles against Sexual Abuse.

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