logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.01.30 2017노3413
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (a sentence of imprisonment with prison labor for one year, a suspended sentence of two years, and an order to attend a sexual assault treatment lecture for forty hours) is too unreasonable.

2. The Defendant committed the instant crime by coercioning the victim, who is a juvenile of the age of 14, who is a student of the Bosper Teaching Institute, working as a school lecturer. The Defendant committed the instant crime in light of the details and methods of the crime, the relationship between the Defendant and the victim, etc.

Although the Defendant, as an instructor at the bar of the victimized person, was in a position to be responsible for care and protection to grow up as a correct social person with sound sexual concept, the Defendant committed the instant crime by inducing the victim to the stairs of the building of a driving school which is an educational facility, and there is a high possibility of criticism.

The defendant's crime seems to have suffered from mental impulses and pains along with a considerable sexual humiliation, and it seems that the psychological growth and sound sexual identity or values are considerably negative in the future.

Such circumstances are disadvantageous to the defendant.

However, there are circumstances favorable to the defendant that the defendant led to the confession of the crime of this case and divided his mistake, that the defendant does not have much weight in the form of force that the defendant exercised against the victim, that the defendant does not want the punishment of the defendant on the part of the victim by mutual consent with the legal representative of the victim when the defendant was in the first instance, that the defendant was only in the school after the crime of this case, and that the defendant did not have any record of criminal punishment prior to the crime of this case.

In full view of the above circumstances and other conditions of sentencing, including the Defendant’s age, sexual conduct, environment, family relationship, relationship between the Defendant and the victim, means and result of the crime, and the circumstances after the crime, etc., the overall conditions of sentencing as shown in the argument in this case

arrow