logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.04.09 2014노3948
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) is unfair because the punishment (one year of imprisonment and two years of suspended execution) sentenced by the court below is too uneased.

Judgment

The crime of this case is a situation unfavorable to the defendant, such as the following: (a) the victim, who is a juvenile who does not have any awareness on the new wall of the defendant, was kn't her her her bm, and the victim committed an indecent act by deceiving his chest because her her her her bm, and the victim was found to have been her chestd; and (b) there was no particular mental shock from the victim; and (c) the defendant was present at the investigative agency and was investigated after the manufacturing and distribution of the water distribution team to the defendant.

However, the extent of the exercise of the defendant's tangible power is not much serious; the defendant is voluntarily present at the investigative agency to investigate the crime; the defendant has been led to a confession; the defendant is a primary offender who has no record of criminal punishment yet; the defendant tried to agree with the victim through his defense counsel but failed to reach an agreement any longer due to the victim's refusal to contact; and his family members and workplace members want to take the action against the defendant, which is favorable to the defendant.

In full view of the above factors of sentencing, the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the lower court’s sentence is too uneasible and unreasonable.

The prosecutor's ground of appeal is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the appeal by the prosecutor is groundless.

arrow