logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.04.24 2015노375
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unfilled and unreasonable.

2. Although the Defendant had a duty to protect the victim while working as security guards at the school where the victim attends, the Defendant committed a indecent act by compulsion against the victim who is aged in the school playgrounds, and the nature of the crime is bad, and the victim who is aged in the age appears to have suffered considerable mental shock and pain due to the instant crime, etc. are considered disadvantageous to the Defendant.

The fact that the defendant shouldered and reflected his mistake, the defendant was the first offender who had no record of criminal punishment for sexual assault before the crime of this case, and the fact that the victim's parents and only agreed to do so is favorable to the defendant.

In addition, considering the Defendant’s age, character and conduct, family environment, motive and background of the offense, the means and consequence of the offense, and the circumstances before and after the offense, it is not recognized that the lower court’s punishment is too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

arrow