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(영문) 대전고등법원 2015.11.06 2015노453
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The lower court’s imprisonment (four years of imprisonment) is too heavy.

2. The lower court, on the grounds of sentencing, determined the Defendant’s punishment within the scope of recommended sentencing guidelines set by the Supreme Court’s sentencing committee, which applies to the instant crime, after comprehensively taking account of the unfavorable or favorable circumstances to the Defendant as stated in its reasoning.

While the court below appears to fully reflects the circumstances that the defendant was able to pay as the grounds for appeal, considering the relationship and age of the defendant and the victim in the crime of this case committed by the defendant, the circumstances before and after the crime, the physical and mental suffering of the victim, and the social criticism on such crime, it cannot be denied that there exists a room for the defendant to be treated more than anything else.

The sentence of the court below cannot be deemed to be improper because it is too unreasonable as the defendant asserts.

The defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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