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(영문) 대전고등법원 2016.01.29 2015노595
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

Summary of Reasons for appeal

A. Defendant 1 and the person who requested to attach an attachment order (hereinafter “Defendant”): The sentencing of Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”): The lower court’s sentence (three years and six months) is too unreasonable.

2) Inspection’s improper sentencing: The lower court’s sentence is too unhued and unreasonable.

B. misunderstanding of the facts or misapprehension of the legal principle regarding the case for which the attachment order was requested (public prosecutor): the court below dismissed the request for the attachment order of this case, by misunderstanding the facts or misunderstanding of the legal principles, thereby causing an error

Judgment

A. As to the defendant's case (unfair assertion of sentencing by both courts), the circumstances unfavorable to the defendant, which the court below published (the crime of this case was committed by the defendant by threatening the victim who is a juvenile on three occasions, and the nature of the crime is poor in light of the applicable law or content, and the victim seems to have obstructed the formation of right to sexual self-determination that is not distorted with the correct child, and the victim did not recover from damage up to the present level) and favorable circumstances (the crime of this case is committed in favor of all the crime of this case, and there is no past record of criminal punishment in addition to juvenile protective disposition, the defendant did not have any past record of criminal punishment, and the defendant did not properly take care of the child who was born from the enemy to the mother's appearance and the father's death and did not take care of the defendant, but it is highly probable that the defendant might have improved the personality and behavior at the age of 20 years old and past age) and other conditions that can be known by the record, and the punishment is too harsh or more severe considering the circumstances of the court below.

It does not appear.

The judgment of the court below is that there are unfair grounds for the determination of the punishment, as alleged in the grounds of appeal by the defendant or his defense counsel.

shall not be deemed to exist.

B. As to the case for which an attachment order is requested, the lower court held the Defendant.

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