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(영문) 부산고등법원 (창원) 2013.09.13 2013노86
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the absence of a misunderstanding of facts, the Defendant committed an indecent act by force on the part of the victim, even though he was slick in the victim’s side slick and did not commit an indecent act on the victim. The first instance court found that the Defendant committed an indecent act by force.

B. The penalty sentenced by the first instance court of unfair sentencing (fine 4,00,000) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts in the first instance court, the Defendant argued to the same effect as the reasons for appeal in this part, and the first instance court rejected the Defendant’s assertion by giving a detailed explanation of various circumstances acknowledged by evidence under the title “determination on the Defendant and the defense counsel’s assertion” in the said judgment. In light of the records and records, the first instance court’s judgment is just and acceptable, and this part of the Defendant’s assertion is without merit.

B. As to the assertion of unfair sentencing, the Defendant is recognized as a favorable sentencing factor, such as the fact that he/she agreed with the victim on the assertion of unfair sentencing, that he/she has no record of punishment in addition to fines on two occasions due to drinking driving

However, the crime of this case is also recognized as an unfavorable sentencing factor, such as the fact that the defendant in the bus committed an indecent act by force against the victim by standing in the side of the victim, who is a juvenile, and the nature of the crime is not less than that of the victim, and that the victim, who is a juvenile, seems to have suffered a sense of shame and displeasure.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and other circumstances revealed in the pleadings, the sentence sentenced by the first instance court is deemed to be adequate, and it cannot be deemed that it is too unreasonable.

Therefore, this part of the defendant's assertion is without merit.

3. Thus, the defendant's appeal is without merit.

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