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(영문) 서울고등법원 2017.12.12 2017노2130
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal that the court below sentenced to the defendant (one year of imprisonment, etc.) is too unfluent and unfair.

Judgment

The crime of this case is committed by inducing the victims of juvenile who had been traveling throughout the two times, and the crime of this case was committed, and the criminal liability is not easy to commit an indecent act. Accordingly, the victims seems to have suffered a large mental impulse. Nevertheless, the defendant did not receive a letter from the victims, and the victims want to punish the defendant. This is disadvantageous to the defendant.

On the other hand, there is no history of criminal punishment imposed on the defendant heavier than a sex offense history or a fine, all of the crimes of this case were committed in attempted crimes, and the degree of exercising force against the victims is relatively not more severe, and the defendant committed the crimes of this case by contingency while under the influence of alcohol, and all of the crimes are recognized by the defendant, and the facts that the defendant reflects his mistake are favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, it is not determined that the lower court’s sentence against the Defendant is unreasonable as it is unreasonable.

Therefore, prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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