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(영문) 서울고등법원 2014.03.28 2014노78
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence imposed by the court below on the Defendants (two years of suspended sentence in one year of imprisonment) is too unhued.

2. The crime of this case is an indecent act committed by force against a female student, who was known to the general public, and is not good in the nature of the crime, and the victims are expected to suffer a large mental shock, but has not yet been recovered from damage, etc., are disadvantageous to the Defendants.

On the other hand, Defendant A is an initial offender, and Defendant B does not have the criminal power except for the one-time juvenile protection disposition, ② appears to be a contingent crime with the victims; ③ the degree of force used by the Defendants is not much serious; ④ the Defendants’ s mistake is divided in depth and reflect with each other; ⑤ the proposal of more defects in the telecoming, as the victim D, that the Defendants do not appear to have been going to the victim in a planned manner.

In addition, in full view of various conditions of sentencing, such as the age, criminal record, character and conduct, environment, family relation, motive and circumstance of the crime, etc., the court below's decision on the sentencing guidelines set by the Sentencing Commission of the Supreme Court is difficult to accept the prosecutor's assertion of unfair sentencing on the Defendants since it is difficult to accept the prosecutor's assertion of unfair sentencing on the following grounds: (a) the scope of recommended sentences [the scope of punishment [the scope of punishment shall be included in two years of age or older; and (b) the maximum and minimum range of sentence shall be mitigated to 2/3] basic areas [the scope of recommended areas and recommended sentences]; (c) the scope of imprisonment with prison labor for a year and August and April 4, 193, which is the minimum statutory penalty of imprisonment with prison labor for one year, which is the minimum statutory penalty of the applicable applicable sentences, is modified to be too uneasible.

3. Conclusion, prosecutor.

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