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(영문) 서울고등법원 2017.08.24 2017노1644
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

Reasons

The summary of the grounds for appeal is that the sentence of the lower court (30,000,000 won for punishment, 100,000 won for a day from the exchange attraction, and 40 hours for the completion of sexual assault treatment programs) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

The defendant did not receive a letter from the victim, and the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case even though he was in office at the time of the crime of this case.

On the other hand, the defendant fully recognized the crime of this case and reflects his mistake in depth, the extent of the indecent act of this case is relatively minor, and the fact that the defendant does not have the same criminal record is favorable to the defendant.

In addition to these circumstances, considering all the sentencing conditions shown in the arguments in this case, such as character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's argument of sentencing is justified.

Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the defendant's appeal is reversed on the grounds that the judgment of the court below is well-grounded, the prosecutor's appeal shall not be dismissed separately). [The grounds for re-written judgment] Criminal facts and the summary of evidence acknowledged by this court and the summary of evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance

Application of Statutes

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Act on the Protection of Children and Juveniles against Sexual Abuse;

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