logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2015.05.07 2015노41
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case is an indecent act committed by the defendant by force against a male juvenile victim, and the victim seems to have suffered considerable mental shock such as a sense of sexual humiliation.

The defendant did not receive a written application from the victim, and the victim is punished for the defendant.

Even before the crime of this case was committed, the Defendant committed the crime of this case, even though there was a record of punishment for similar crimes even before the crime of this case was committed.

On the other hand, the defendant has the following positive factors for sentencing.

In the crime of this case, the degree of tangible force used by the defendant is not limited, and the crime seems to have been contingent.

The defendant shows a strong attitude against his mistake.

In full view of such various circumstances as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., and the scope of recommended sentences according to the sentencing guidelines (one to two years of imprisonment), etc., the lower court’s punishment is deemed to be an appropriate punishment corresponding to its liability, and it is not deemed that the punishment is too heavy or unreasonable.

Therefore, each of the above arguments by the defendant and prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow