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(영문) 서울고등법원 2015.05.14 2015노772
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the first instance court (two years of suspended sentence in one year and six months of imprisonment, probation order, and community service order 160 hours of imprisonment) shall be too uneased and unreasonable;

2. Each of the instant offenses committed by the Defendant against the Defendant was committed on four occasions by the victims against the 30th women working in marina and the 10th female juveniles, or by force due to his/her bodily condition, such as the victim’s legs, shoulder, shoulder, etc., and thus, the victims seem to have been subjected to somewhat mental impulse due to each of the instant offenses, and the Defendant was unable to recover from the victims. In light of the fact that each of the instant offenses was committed, it is necessary to punish the Defendant with strict punishment.

However, the degree of indecent act against the victims is not severe, the defendant's mistake is divided, the defendant has no record of criminal punishment in Korea, the defendant's age, character and behavior, environment, motive and circumstances of the crime, etc., various sentencing conditions shown in the arguments in this case, such as the defendant's age, character and behavior, circumstances after the crime, and circumstances after the crime, and the recommended sentencing guidelines established by the Sentencing Commission. (1) The crime of violation of the Act on the Protection of Children and Juveniles from Sexual Abuse falls under the mitigated area (where the degree of indecent act is weak: reduction of the degree of indecent act: 1 year to 2 years (where the degree of indecent act is weak) of the crime of indecent act against the victim. (2) The punishment range falls under the mitigated area of imprisonment with prison labor for not less than 13 years and the minimum and minimum range of punishment in the mitigated area of punishment, and the punishment range of concurrent indecent act constitutes the general standard of indecent act against the sexual act against the victim (3) year to 12 years of age or more. (4 years of punishment)

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