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(영문) 대전고등법원 (청주) 2021.03.25 2021노3
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment, etc.) is too unreasonable.

2. The lower court determined that: (a) the Defendant committed the instant crime, following the Defendant’s taking charge of the Victim’s grandchildren who is a child or juvenile, and committed an indecent act by deceiving the Victim’s arms, shoulders, chests, and chests with his fingers, is not good in the nature of the crime; (b) even though the victim appears to have suffered considerable mental impulse due to the instant crime, the Defendant did not appear to have been seriously repented while denying the instant crime; (c) the Defendant was unable to use from the victim; and (d) the Defendant did not have been sentenced to a fine of one million won due to forced indecent act around 2012; and (e) the Defendant appears to have been sentenced to a punishment exceeding the fine prior to the instant crime; and (e) the instant case was determined by taking into account the facts that there was no favorable relation between the crime under Article 37 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime under Article 37 of the Criminal Act and the Defendant’s favorable relation with the Defendant.

The sentencing of the lower court appears to have been appropriately determined taking into account the aforementioned various circumstances, and there seems to be no new circumstances or special changes in circumstances that could be reflected in the sentencing after the pronouncement of the lower judgment (i.e., the Defendant was made late in the first instance court, but the background and content of the instant crime, and the progress of the trial, etc., there is a change in circumstances that may reflect in the sentencing conditions solely

In light of the Defendant’s age, sex, environment, family relations, criminal records, circumstances, and consequences of the crime, etc., the sentence of the lower court is too heavy to the extent that it exceeds the reasonable scope of discretion.

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