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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주고등법원 2016.07.07 2016노152
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The crime of this case, which judged the prosecutor's improper assertion of sentencing, is highly likely to be harsh in light of the place, frequency, methods and contents of the crime, the age of the victims, etc.

Furthermore, the victims seem to have suffered considerable mental shock due to the instant case.

However, all of the defendant's errors are recognized and divided, and the victims do not want punishment.

It seems that there is no particular criminal history except for those sentenced once a fine is sentenced to a crime, and the degree of tangible power exercised to victims is not significant, and social ties in the local community are relatively clear.

In full view of all the circumstances, such as the scope of the recommended sentence according to the sentencing guidelines, other sentencing cases, age, sex, environment, family relationship, motive and circumstance of the crime, etc., it is difficult to say that the sentence imposed by the court below reaches the degree of destruction because the sentence imposed by the defendant is too unfasible.

We do not accept the prior inspection argument on the premise different from this premise.

2. The appeal by the conclusion prosecutor is dismissed for reasons.

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