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(영문) 서울고등법원 2020.01.30 2019노2493
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

Judgment

The crime of this case is an indecent act committed by the defendant in a singing room by forcing the victim (the 16-year-old age), who is a juvenile, to dance with the victim himself/herself and to interview the chest of the victim. It is not good that the crime of this case is committed.

The victim seems to have suffered considerable mental pain and shock due to the crime of this case.

The defendant denied a crime in an investigative agency and the court below, and the victim appeared in the court below and testified.

However, the defendant shows his attitude to recognize and reflect the crime of this case when it comes to the trial.

In the trial, the defendant paid reasonable consolation money to the victim and agreed with the victim.

The victim expressed his intention not to punish the defendant.

The crime of this case occurred seven years prior to the crime, and the defendant was merely a minor under the age of 17 at the time of the crime, and the defendant seems to have committed a somewhat contingent crime by drinking alcohol.

The degree of tangible power of the defendant exercised by the victim is not serious.

The defendant has no criminal records of the same kind of power or imprisonment or heavier punishment.

At present, the defendant seems to be faithfully living in school with 24 years old university students, and there is room to further improve his character and behavior through appropriate edification.

In addition, considering the defendant's age, character, conduct and environment, motive, means and consequence of the crime, the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, the sentence of the court below is deemed to be too unreasonable.

Thus, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.

[Discied reasoning of the judgment] The summary of facts constituting a crime and evidence recognized by the court is a summary of the facts and evidence.

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