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(영문) 대구고등법원 2018.01.11 2017노542
아동ㆍ청소년의성보호에관한법률위반(준강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the punishment imposed by the court below (the imprisonment of two years, the suspension of execution of three years, and the suspension of execution of sexual assault treatment programs for 80 hours) is too uneasy and unfair.

Judgment

Examining the various sentencing conditions of this case, the crime of this case is committed by the defendant, who committed an indecent act in the victim E, a female child or juvenile under 14 years of age, who was diving in drinking in front of a public toilet, by spreading the buckbbbbbs in front of the public toilet, and by putting the shoulder on the shoulder. The defendant stolen 20,000 won of cash in the victim F's vehicle with the string and carrying phone, and theft 20,000 won of cash in the victim F's vehicle, opening a door of the victim H vehicle, and steals the articles inside the vehicle, which led to the attempted crime. In light of the circumstances of the crime, method of the crime, the relationship between the defendant and the victim, etc., the defendant committed the crime of this case, even though he had been sentenced twice to a fine for negligence within another person's vehicle, the defendant again committed the crime of this case, and did not receive the victim's indecent act by force until it was committed by the victim.

On the other hand, the fact that the defendant is aware of the whole crime of this case and reflects on the crime of this case, the victim E was returned to the victim E, and the victim H and F did not want to be punished by the victim, the defendant has a disability of class 2 of intellectual disability, and there is no record of the same sex crime, etc. are favorable to the defendant.

As above, the court below comprehensively takes into account all the factors of sentencing, such as the defendant's age, sex, criminal conduct and environment, family relation, motive and background of the crime, method of the crime, and circumstances before and after the crime, etc., which are unfavorable or favorable to the defendant, and also the court below's sentencing guidelines, taking into account such factors of sentencing, are legally applicable and sentencing guidelines.

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