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(영문) 대전고등법원 2020.02.12 2019노489
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s punishment (one-year imprisonment, etc.) is too unreasonable;

2. The lower court determined that the Defendant was punished against the Defendant by taking account of the following factors: (a) the Defendant recognized the Defendant’s mistake and reflected in depth; (b) the Defendant appears to have committed the instant crime; (c) it seems difficult to view that the Defendant committed the instant crime; and (d) the fact that there was no record of criminal punishment for sexual crime during that period; (b) the Defendant was favorable to the Defendant; (c) the commission of the instant crime; (d) the commission of the crime; and (d) the likelihood of criticism in light of the mental impulse, etc.; and (e) the fact that the Defendant was unable to obtain a letter from the victim and did not endeavor to recover from damage; and (e) the Defendant’s age, character, character, environment, motive and background of the crime; and (e) the circumstances after the crime.

In full view of the conditions for sentencing as expressed in the judgment of the court below and the scope of the recommendation of the Sentencing Committee, the sentencing of the court below is not deemed to have exceeded the reasonable bounds of its discretion, and there is no change in the conditions for sentencing that can be deemed to be unfair to maintain the judgment of the court below as it is.

Defendant’s assertion is not accepted.

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

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