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(영문) 서울고등법원 2017.05.23 2016노4189
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of one year and six months and forty hours and the order to complete a sexual assault treatment program) is too unreasonable.

2. The facts that the Defendant recognized the entire crime of this case and divided his mistake are favorable to the Defendant, that the Defendant was a primary offender who had no record of committing the crime of this case before the crime of this case, and that the Defendant was given counseling treatment at the department of mental health at the victim’s request and made efforts to prevent recidivism are favorable to the Defendant.

However, the Defendant committed the instant crime by committing an indecent act by force on three occasions against the victim under the age of 13, who was going to the public room for 2 years or more of his own music education institute. In light of the victim’s age, frequency of the commission of the crime, degree of the commission of the crime, etc., such crime is very poor.

The defendant's crime seems to have suffered a big mental impulse with sexual humiliation, and it seems that the victim with mental or physical disability has a negative impact on the formation of a sound sexual identity and values of the victim.

Accordingly, the parents of the victim want to punish the defendant.

Such circumstances are disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, background, means and consequence of the crime, and the scope of recommended sentences according to the sentencing guidelines established by the Supreme Court and the sentencing guidelines established by the Sentencing Committee, it is not determined that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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