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(영문) 서울고등법원 2016.09.22 2016노1948
아동ㆍ청소년의성보호에관한법률위반(준유사성행위)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. The Defendant, who recognized the instant crime, runs against the Defendant.

A defendant has no record of being punished for committing a sexual crime or of being punished exceeding a fine.

However, the crime of this case is very likely to be committed by the defendant, who works as a guardian of a mental hospital, using the state of resistance of a female juvenile juvenile patient who was administered with a suppression, and has committed a similar act.

The victim was hospitalized in a hospital due to a mental disorder in a towing juvenile period. At the time, the victim was aware of the Defendant’s act at the time, and was able to speak “non-satis”, but the patient was suffering from more mental shocks and worse due to the administration of the petition.

The defendant, as an employee in a protective facility, failed to fulfill his/her duty to care and protect the victim, and failed to receive a letter from the victim and his/her family.

In addition, in full view of the defendant's age, sex, environment, and all the sentencing conditions as shown in the argument in this case, and the scope of the recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, it cannot be said that the sentence imposed by the court below is too excessive and unfair.

Therefore, the defendant's assertion is not accepted.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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