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(영문) 창원지방법원 2020.08.20 2020노910
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The sentence imposed by the lower court (two years of imprisonment, four years of probation, community service order, lecture order for the treatment of sexual assault, employment restriction order, and confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor (two years and six months of imprisonment, four years of probation, community service order, order to attend lecture for the treatment of sexual assault, order to restrict employment, and confiscation) is too uneased and unreasonable.

Judgment

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant recognized and against all of the instant crimes, and is detained for about five months, and the Defendant again said to avoid committing such crimes.

Among the victims, D does not want to punish the defendant.

Defendant has no record of punishment for the same kind of crime.

On the other hand, the Defendant committed the instant crime against the victims of the minor attending his driving school.

The victims suffered considerable mental pain due to the crime of this case.

The defendant was unable to receive a letter from the victim E.

In addition, comprehensively taking account of various conditions of sentencing, such as the Defendant’s age, health status, environment, family relationship, circumstances after the crime, and result, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court cannot be deemed to be too heavy or unreasonable because it consists of within the scope of discretion and within the reasonable scope of reasonable and reasonable discretion.

The defendant and prosecutor's assertion of unreasonable sentencing are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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