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(영문) 대전고등법원 2019.05.24 2019노106
아동ㆍ청소년의성보호에관한법률위반(준강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. First, the Defendant, at the same time, committed indecent act by compulsion, and committed similarity acts by taking the victim’s sexual desire as a tool to put the victim into a safe mind even though the victim was bread by drinking alcohol, such as drinking alcohol under the influence of alcohol, and by taking the victim’s sexual desire into consideration.

The defendant's act may not be subject to criticism as well as criminal liability corresponding thereto due to acts impeding the safety of society.

The victim seems to have suffered considerable mental suffering.

The reason is that the victim did not use the victim until the court below rendered the judgment, and the family member of the victim wanted to punish the defendant with severe punishment.

On the other hand, the defendant recognized the objective facts of the crime of this case committed by the victim in the investigative agency and the court of the court below, and tried to repent of his mistake.

In addition, the Defendant seems to have committed the instant crime because he was under the influence of alcohol and was unable to refrain from self-control.

In the past, the defendant continued to have sought a letter from the victim, and the victim accepted the letter of tolerance and agreed with the defendant and agreed to the defendant's wife.

In addition to a fine, the defendant shall not be punished for a criminal offense.

피고인은 대학에서 열심히 공부하며 틈틈이 아르바이트를 하여 자신의 학비를 버는 등 성실히 살아왔던 것으로 보인다.

The family members of the defendant are the prior wife of the defendant, and the relation seems to be publicly announced.

Considering the circumstances agreed with the victim in light of the above favorable circumstances and unfavorable circumstances, the lower court’s punishment is too unreasonable in light of the following factors: (a) the Defendant’s age, character and conduct, environment, family relations, criminal records, criminal records, the circumstances after the crime was committed, and the result thereof; and (b) the conditions agreed with the victim.

Therefore, the defendant.

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