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(영문) 부산고등법원 2013.08.22 2013노289
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence imposed by the court below (one year and six months of imprisonment, three years of suspended execution, community service, 80 hours of order to attend a lecture, and 80 hours of order to attend a lecture) is too unfas

2. Examining the various sentencing conditions in the instant case, there are circumstances unfavorable to the Defendant, such as that the Defendant repeatedly committed an indecent act against the female returning home at night over three times during the short period of time, one of the victims is a female middle student, and the victims have retired from work or entered another region due to the instant crime, etc.

However, in full view of the following facts: (a) the Defendant appears to have a possibility of edification and improvement as undergraduate students of 19 years of age who had no record of criminal punishment; (b) the Defendant made confession of the crime of this case while committing the crime of this case; (c) the degree of indecent act is not much serious; and (d) other various conditions of sentencing specified in the argument of this case, including the character and conduct of the Defendant, motive for the crime, and circumstances after the crime, it is not recognized that the sentence imposed by the court below

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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