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(영문) 서울고등법원 2016.04.12 2016노27
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal is that the punishment (two years of imprisonment and three years of suspended execution) imposed by the court below on the defendant, the person who requested the attachment order and the person who requested the observation order (hereinafter referred to as the "defendant") under the protective order (hereinafter referred to as the "defendant") is too unfasible and unfair.

Since the court below dismissed the defendant's request for an attachment order and a protective observation order in light of the period, frequency, etc. of the crime in this case, it is unfair that the court below dismissed the defendant's request for an attachment order and protective observation order.

Judgment

The crime of this case committed by the defendant was committed by the defendant four times during about 40 days, with the defendant getting on and off the Otoba, and committed an indecent act by force against four victims who are children and juveniles, and committed an indecent act against two adult victims by force over two times, and the crime was committed openly through two times, and the victim seems to have suffered considerable mental shock and pain due to these crimes. In particular, the victims who are children and juveniles appear to have suffered considerable mental shock and suffering. In particular, the victims who are children and juveniles are likely to suffer negative impacts even if they form sexual identity and values in the future, and even if the victims who are children and juveniles have not been compensated for the victims or have not been provided, they are disadvantageous to the defendant.

On the other hand, due to stress, etc. experienced in the course of running a restaurant in China, the defendant has committed each of the crimes of this case in a dynamic manner, the victims' tangible history and the degree of conduct committed by them, the confession of all of their crimes, and the misunderstanding is divided, there is no record of punishment for sex crimes, the commencement of the treatment and psychological counseling after the instant case, the support for his wife and his age must be supported, and the social benefits are relatively clear, etc. are favorable to the defendant.

The above circumstances and other circumstances.

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