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(영문) 서울고등법원 2016.01.12 2015노3032
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

The decision of the court below on the grounds of appeal (one year of imprisonment) is too unreasonable.

Judgment

The Defendant’s crime of this case committed an indecent act by force against the victim (here, 16 years of age) who is a knife juvenile, and the fact that the nature of the crime was poor in light of the object of the crime or the content of the crime is disadvantageous to the

On the other hand, there is no history of criminal punishment against the defendant for sexual crimes, and the confession of the crime late later, and the depth of his mistake is divided, and the agreement with the victim is favorable to the defendant.

In addition, the above circumstances and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, all the circumstances constituting the conditions for sentencing, including the circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court (one year to two years) / [the scope of the recommended punishment] under the general standard of the crime of indecent act by force (the scope of the crime of indecent act by force by relatives) in the special mitigation area (6 to two years from June): In the case where the exercise of physical force is considerably weak, the lower limit of the punishment sentence under the law shall be determined, since the lower limit of the punishment sentence (6 to two years from imprisonment) is considerably lower than the lower limit of the punishment sentence under the law.

In full view of the standards for suspension of execution and others, the sentence imposed by the court below against the defendant is too unreasonable.

Therefore, the defendant's argument is justified.

Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.

【Grounds for the Judgment of the court below which is followed 【The facts constituting a crime and the summary of the evidence recognized by the court and the summary of the evidence are stated in the corresponding column of the judgment of the court below in addition to adding “the defendant’s oral statement” to “the summary of evidence” column.

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