(영문) 대전고등법원 2018.06.01 2018노109 | 리걸엔진

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(영문) 대전고등법원 2018.06.01 2018노109

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (unfair sentencing) of Defendant (an amounting to five million won or more and orders to complete sexual assault treatment programs with forty hours or more) is excessively unreasonable.

B. The lower court’s sentencing (unfair sentencing) is unreasonable as it is too unhued.

2. The Defendant committed an indecent act against the victim who is merely 11 years of age, and in light of the fact that the victim shotly fluences, it is necessary to hold the Defendant liable corresponding to the indecent act.

However, the court below's punishment against the defendant is unreasonable by taking into account the circumstances favorable to the defendant, such as the defendant's age, career, sex, environment, motive and background of the crime, circumstances after the crime, etc., and the equality of both punishment and similar cases as shown in the argument of this case, in light of the following factors: (a) the defendant led to the confession of and reflect on the crime; (b) the first offender who has no record of the crime; (c) the degree of the prosecution is not much heavy; and (d) the victim and his family members have agreed with the victim and his family members in the trial; and (c) the victim and his family members have not want to be punished.

B. We cannot accept the prosecutor’s assertion that the circumstances unfavorable to the sentencing asserted by the prosecutor in the first instance trial, such as that the defendant committed an indecent act against the victim who is only 11 years of age and caused sexual humiliation and mental pain to the victim, etc., are considered sufficiently while determining the punishment in the lower trial. The prosecutor’s argument that the defendant’s punishment against the defendant is too somewhat weak if considering changes in circumstances in the first instance trial.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for the judgment to be used again] Criminal facts and summary of evidence recognized by the court.

유사 판례

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