logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 (청주) 2016.01.28 2015노124
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s sentence (an amounting to KRW 20 million, and an order to complete a sexual assault treatment program for 120 hours) is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. The crime of this case is a habitually indecent act against the part-time students of the restaurant operated by him, and the crime is not good, and the victim clearly expresses his intention that he does not want the punishment of the defendant since it occurred in the unfavorable circumstances such as the crime committed during the suspended execution period due to the same kind of crime and the crime committed during the suspended execution period, and the degree of the indecent act is not severe.

It appears that the defendant seems to be in depth, and that the defendant is in depth.

In full view of the favorable circumstances, such as the Defendant’s age, sexual conduct, environment, family relationship, motive and background of a crime, means and consequence of a crime, circumstances after a crime, etc., the sentencing of the lower court is unfairly heavy or minor, even considering the circumstances cited by the Defendant and the Prosecutor as the grounds for each appeal.

On the other hand, the court below's order to complete a sexual assault treatment program for 120 hours in light of the contents and circumstances of each of the crimes in this case also appropriate.

I seem to appear.

3. As such, each appeal by the defendant and the prosecutor is without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow