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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2015.05.14 2015노922
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (justifiable assertion) is unreasonable because the sentence imposed by the lower court (two years and six months of imprisonment, three years of suspended execution, two years of probation, and forty hours of an order to attend a sexual assault treatment lecture) is too uneasible.

2. The crime of this case is deemed to have committed two times of indecent act against the victim, who is the native parent attending an elementary school, and committed assault and child abuse on one occasion, and the nature and circumstances of the crime are not somewhat weak, but rather, there is a high possibility of criticism in that the victim under the age committed the above crime, despite the position to protect and supervise the victim, and accordingly, the victim suffered considerable sexual humiliation and mental or physical pain, and this is deemed to have an adverse impact on the formation of a sound sense of value and sexual identity of the victim during the growth of Korea. Therefore, the defendant needs to be held liable corresponding thereto.

However, the defendant appears to have committed assault and child abuse in the course of giving a warning to the victim, and it appears that the defendant committed assault and child abuse as a substitute for the crime of this case. Since this case, the defendant tried to recover the smooth relationship with the victim, and accordingly, the victim seems to have not want to be punished against the defendant. The victim's mother is also complaining of the defendant, and the defendant has no criminal power, except for those who have been sentenced to a fine once for the crime of embezzlement of stolen property, and there are other circumstances considering the circumstances such as the defendant's environment, character and conduct, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., and considering various sentencing conditions in the records, the sentence imposed by the court below is too excessive.

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