(영문) 서울고등법원 2014.03.20 2013노3933 | 리걸엔진

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(영문) 서울고등법원 2014.03.20 2013노3933

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the part of the defendant's case, the sentence imposed by the court below (one year and six months of imprisonment, two years of probation, 80 hours of probation, 80 hours of lecture attendance order for sexual assault treatment, disclosure of information, and 2 years of notification) is too unfluent and unreasonable.

B. It is unreasonable for the court below to dismiss the request for attachment order of a person who committed two or more sexual crimes by the defendant and the respondent for the attachment order (hereinafter “defendants”) and who committed two or more times, despite the risk of recidivism.

2. Determination:

A. Considering that the nature of the crime, such as committing the crime against the victim who is a juvenile on two occasions, and that the victim seems to have suffered a big mental impulse, there is a need for a strict punishment for the defendant.

However, on the other hand, there is a spirit and opinion that the defendant's social adaptation age is low as 14 years old, the defendant has been responsible for supporting and living the parent who is a severely disabled person, and the victim has been aware of such circumstances, the defendant's friendship is promising to protect and supervise the defendant, and the defendant's wife wanted to keep a good mind. The punishment imposed by the court below seems to have been determined in full consideration of the various circumstances mentioned above, and there is no change of circumstances that could differ from the court below, and there is no other change of circumstances that can be different from the court below, and considering various sentencing conditions shown in the records, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, the circumstances after the crime, etc., it cannot be said that the sentence imposed by the court below is too unfair.

The prosecutor's assertion of unfair sentencing is without merit.

(b).

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