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(영문) 광주고등법원(전주) 2020.12.16 2020노194
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, four years of suspended execution, community service, 240 hours, 40 hours of attending lectures for the treatment of sexual assault, 3 years of employment restriction orders) is too uneasible and unreasonable.

B. It is unfair that the lower court did not issue an order for disclosure or notification of personal information exemption from issuing an order for disclosure or notification of personal information.

2. The instant crime on the assertion of unfair sentencing is an indecent act committed by the Defendant on the part of the victim attending the first grade of high school by forcing him/her to appear on his/her own vehicle and by force buckbucks, etc. on his/her clothes, in light of the method of the crime and the degree of indecent act.

With regard to the instant crime, the victim seems to have difficulty in forming a sound sexual identity or values, along with considerable mental suffering.

Nevertheless, the defendant did not receive a letter from the victim, and the victim is punished by the defendant.

These circumstances are disadvantageous to the defendant.

On the other hand, the crime of this case seems to have occurred due to the lack of awareness of the victim's intention or act's coercion because the victim voluntarily ceased to commit the crime with the clothes of the victim where the defendant had a little physical contact with others due to their usual friendship.

The defendant recognized the crime of this case and is in profoundly against it.

There is no history of punishment for sex offense against the accused.

Although the defendant has the intention to compensate for the damage to the victim, it seems that the victim refused this, thereby compensating for the damage or failing to reach an agreement.

These circumstances are favorable to the defendant.

As above, comprehensively considering the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, as well as the circumstances favorable to the defendant.

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