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(영문) 서울고등법원 2018.02.21 2017노3264 (1)
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

All appeals by the defendant and the 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 uneasible and unreasonable.

2. The lower court sentenced the Defendant to one year of imprisonment, considering favorable circumstances, where the Defendant was sentenced to two years of suspended sentence of one year of imprisonment on April 29, 2016 (Seoul District Court Branch Branch Decision 2015 High Court Decision 221) due to the same criminal act as the same criminal act under the same law, and the Defendant committed each of the instant criminal acts without being aware of the period of suspended execution, and the victims who are children and juveniles appear to have received considerable mental and physical shock due to each of the instant criminal acts, and the victims’ damage was not recovered, the lower court sentenced the Defendant to one year of imprisonment with prison labor, taking into account the following factors: (a) the Defendant’s total criminal act is recognized and against the Defendant; and (b) the degree of indecent act of each of the instant criminal acts is not much serious.

Although the victims agreed with the defendant and expressed the intention of the committee of punishment for the first time, the above sentence of the court below, including the fact that the above sentence of the court below constitutes the lowest sentence of the punishment by law, comprehensively taking account of the various sentencing conditions revealed in the proceedings of the present case, such as the defendant's age, sexual conduct, environment, motive, background, means and consequence of the crime, and circumstances after the crime, it is not deemed that the sentencing of the court below is too heavy, or that it is too unreasonable.

The argument that the sentencing of each of the defendant and the prosecutor is unfair is without merit.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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