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(영문) 부산고등법원 2020.12.09 2020노247
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and six months of imprisonment and two years of suspended execution, etc.) to the gist of the grounds for appeal is deemed to be too unhued and unfair;

2. Determination

A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

In cases where there is no change in the conditions of sentencing compared to the original judgment, or the sentencing of the original judgment does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

In light of the contents of the specific case, the sentence of the court below, which returned to the instant case, is too unjustifiable.

The crime of this case is very bad in that the defendant commits an indecent act against the victim on his driving school or by reproducing obscene videos and thereby has an adverse effect on the sound sexual sense of sexuality.

The victim seems to have suffered considerable sexual humiliation and mental suffering.

The injured party has agreed with the accused in the original trial but again filed a strict punishment against the accused in the trial of the party.

On the other hand, the defendant is recognized as a whole of the crime and is against it.

The method of the instant indecent act and the part itself do not seem to be very serious that the victim's buckbucks were sent by hand.

The defendant is the injured party in the original trial.

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