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(영문) 서울고등법원 2014.04.24 2013노3872
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The defendant's appeal is dismissed.

The judgment of the court below is "in the second and second parts of the judgment of the court below": Provided, That the disclosure is announced.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two years of imprisonment, 100 hours of sexual assault therapy program, 5 years of disclosure and notification of information) is too unreasonable.

2. However, there are circumstances favorable to the defendant, such as the fact that the defendant led to the confession of each of the crimes of this case, the victim was temporarily returned in the case of larceny, and the actual damage was restored (i.e., November 15, 2012), the stolen money and valuables were extremely small amounting to 3,300 won at the market price (i.e., November 29, 2012), and the recovery of damage by returning the stolen money in the case of the fraud committed on January 3, 2013, and there was no record of punishment for the same sex crime other than each of the crimes of this case, and there was no record of criminal records beyond the suspension of execution.

However, each of the instant offenses committed by indecent acts against the Act on the Protection of Children and Juveniles against Sexual Abuse and indecent acts by indecent acts are planned and induced by the Defendant to the victims who want to work as a garmenting model, and indecent acts committed by the Defendant under the ice of photographing and correction of attitude, and the degree of indecent acts is significant enough to be evaluated as actual similarity in light of the specific method and form of indecent acts.

As such, the Defendant repeated the commission of indecent act under the same law, and some of the victims are juveniles with weak mental impulses due to such indecent act, and the victims who seem to have been subjected to considerable mental impulses due to such indecent act are wanting to punish the Defendant. In addition to the above indecent act, the Defendant also commits each of the instant indecent acts, theft, and obstruction of performance of official duties (a punishment of KRW 1 million is imposed by larceny, etc. around 2007, and a punishment of KRW 3 million is imposed by a fine for obstruction of performance of official duties, etc. around 2012, and a punishment equivalent to such punishment is inevitable.

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