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(영문) 서울고등법원 2015.05.22 2015노956
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The punishment sentenced by the court below against the defendant (one year and six months of imprisonment, and three years of suspended execution) is too unreasonable.

The sentence imposed by the prosecutor of the court below on the defendant is too uneasible and unfair.

It is unfair for the court below to exempt the defendant from the disclosure notification order of personal information.

Judgment

The instant crime against each of the Defendant and prosecutor’s assertion on unfair sentencing is likely to be subject to compulsory indecent acts by making twice the 15-year-old victim’s buckbucks, which do not have any awareness in the bus which is a means of public transportation.

Although the Defendant appears to have suffered a considerable sense of sexual humiliation due to the instant crime, the Defendant did not take any particular measures to recover damage, and the victims and their families want to punish the Defendant.

However, the degree of exercise of tangible power used for the crime of this case is not significant.

In recognition of the crime of this case, the defendant has no record of criminal punishment except for the crime of this case, and the social relationship of the defendant is clear.

In addition, considering the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the instant crime, various conditions of sentencing as shown in the argument of the instant case, such as the circumstances after the instant crime, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, it is not recognized that the sentence of the lower court is too heavy or unreasonable.

Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.

As to the unjust argument of exemption from disclosure disclosure order by the prosecutor, the court below is disadvantageous to the defendant due to the defendant's age and occupation, type and motive of the crime, the process and result of the crime, the disclosure order or notification order.

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