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(영문) 서울고등법원 2016.05.13 2016노372
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below on the summary of the reasons for appeal (three years of imprisonment) is too unreasonable.

Judgment

In full view of the circumstances favorable to or unfavorable to the defendant and other factors, including the defendant's age, sex, environment, family relationship, motive for committing a crime, method of crime and result, etc., and the scope of recommended sentencing guidelines for the enactment of the sentencing committee of the Supreme Court, even if the defendant who served as an elementary school teacher takes into account the circumstances where the defendant retired from office after the decision of the court below was made, it cannot be said that the defendant's punishment imposed on the defendant is too unreasonable compared to the defendant's act and responsibility.

The defendant's ground of appeal is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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