logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2013.11.06 2013노390
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of five million won) is too unhued and unreasonable.

2. The crime of this case is a case in which a juvenile sells alcoholic beverages and commits an indecent act against the juvenile, and the criminal liability is heavy.

The fact that the victim is trying to punish the defendant is also disadvantageous to the defendant.

Therefore, the prosecutor's argument that the defendant requires strict punishment is reasonable.

However, the Defendant appears to have caused the instant indecent act in contingency during the week when he was under the influence of alcohol with the victim, leaving his body in front of the victim’s residence near the main place of residence. In full view of the fact that the type of the Defendant’s use and the degree of indecent act is relatively minor, and all other sentencing conditions against the Defendant, the lower court’s sentencing cannot be deemed unreasonable to the extent that the Defendant’s use of the force is reversed.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

arrow