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(영문) 부산고등법원 2015.01.22 2014노780
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of one year and six months suspended sentence, a community service order of 80 hours, and an order to attend a sexual assault treatment lecture of 40 hours) which the court below sentenced is too uneasible and unreasonable.

2. Each of the instant crimes committed by the Defendant is a crime committed by force by force by force after preventing the victims, who are juveniles, by inserting their fingers into the boom, and using her marb and turb, etc., and the criminal liability in light of the background and method of the crime, is not easy, and the victims who committed the instant crime appear to have suffered considerable sexual humiliation and mental shock, etc., which are disadvantageous to the Defendant.

However, there are many circumstances favorable to the defendant, such as the fact that the defendant is divided into the first grade of the crime of this case and reflects the defendant, that the defendant did not exercise a serious tangible or coercive force in performing the act of indecent act of this case, that the victims discontinued and immediately absconded from the scene, that the defendant has no record of criminal punishment, that the victim does not want criminal punishment, that the victims do not want to be punished, that the defendant is a student in the first grade of the university, that there is a possibility of sufficiently edification and improvement as a student in the first grade of the university, and that the parents of the defendant shows an intention to actively protect and guide the defendant.

In addition, considering the overall consideration of the circumstances unfavorable to the Defendant or favorable to the Defendant, the age, character and conduct, and environment of the Defendant, and the overall sentencing conditions indicated in the argument of the instant case, as well as the fact that the imposition of treatment within the society, such as the suspension of the execution of imprisonment with labor, which added the order to provide community service and to undergo sexual assault treatment, could sufficiently cause special preventive effects to the Defendant, it cannot be deemed that the sentence imposed by the lower court is too un

Therefore, the prosecutor's status.

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