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(영문) 부산고등법원 2018.11.15 2018노532
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable in light of the following: (a) the Defendant’s mistake is against the victim; (b) the victim’s indecent act and assault is relatively minor; (c) the military register personnel, such as Albio Maz-Madne dementia, have a significant impact on the instant crime; and (d) the Defendant’s age, economic circumstances; and (e) the Defendant’s efforts to prevent recidivism and criminal records, etc.

2. The judgment below held that the crime of this case was committed in a state that the victim's sexual impulse and sense of sexual shame was bad in light of the course, method, etc. of the crime of this case, the victims appear to have been suffering from considerable mental impulse and sexual shame due to the crime of this case, and the defendant was punished against the defendant. On the other hand, the defendant led to the confession of the crime of this case, and the defendant committed the crime of this case in a state that he was old, with the defendant's ability to discern things or make decisions due to the disorder of Albibimer Ma, Albimer Dementia, and the disorder of electric function, relatively minor, the degree of prosecution is relatively minor, the defendant did not have any criminal record exceeding the same criminal record or fine, and his family

The above punishment was determined in consideration of the favorable circumstances.

The circumstances alleged by the Defendant on the grounds of appeal were already considered in the sentencing process of the lower court, and there was no change in the conditions of sentencing compared to the lower court since the materials for new sentencing have not been submitted in the trial at the same time. Moreover, even when considering the grounds for sentencing as stated by the lower court, including the Defendant’s age, sex, criminal conduct, family environment, motive and circumstance of the offense, means and consequence of the offense, the lower court’s sentencing was too inappropriate and exceeded the reasonable scope of discretion.

It does not seem that it does not appear.

3. Thus, the defendant's appeal is correct.

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