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(영문) 부산고등법원 2019.05.22 2019노16
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (public prosecutor) is too unfilled and unfair.

2. The Defendant, on April 19, 2017, was sentenced to the suspension of indictment due to indecent act by force against two juveniles on the ground of his/her negligence, and on November 10, 2017, was sentenced to a suspended sentence of two years for a year of imprisonment for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse.

The crime of this case is another female victim (the age of 17) who is older than time during the period of the suspension of execution, and the responsibility for the crime is heavy.

In addition, the special violence in order to get the face of another female victim(17 years of age) who was at the scene is more severe than the criminal liability.

However, the Defendant recognized the overall crime of this case, and divided his mistake.

Even in the case of special violence, the so-called so-called 's face' of the victim was unfolded, and the victim did not have any particular situation.

The victims do not want to be punished for the defendant because the victims of the defendant's child paid compensation for damages to all victims.

It seems that the previous criminal records and the crime of this case have a significant impact on the defendant's 76 years old age and suffering from Albimer's disease at the time of committing the crime.

It seems that it is difficult for the defendant to support aquatic life, such as suffering from alz's disease as well as from alz's disease.

Since January 29, 2019, after the instant crime, the elderly specialized hospital was hospitalized in the dementia patient ward (see, e.g., materials attached to the reply on the grounds for appeal submitted by his counsel). The Defendant’s children appear in the court of the first instance as an assistant, and do not repeat the instant case by thoroughly implementing the isolation and supervision of the Defendant in the future.

Each of the above factors of sentencing, each of the statutory penalties.

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