logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.02.03 2016노3704
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the crime No. 1 in the judgment below: Imprisonment with prison labor for 1 year and 2, 3, and 4 in the judgment below: imprisonment with prison labor for 1 year and 2 months) is too unreasonable.

2. Determination

A. As to the crime No. 1 of the holding of the court below, the crime of this case is an indecent act by force against the victim E, who is a juvenile under the age of 15, who is under the age of 15, in need of protection by leaving the defendant home, and the nature and circumstances of the crime are significant. Accordingly, the victim seems to have caused a considerable sense of sexual humiliation and mental impulse, the victim's damage has not been recovered, and the victim has not been punished, etc. are disadvantageous to the defendant.

The fact that the defendant recognized the crime of this case and reflects his mistake, and the crime of this case is in a concurrent relationship with the special larceny of the first head of the crime of this case in which the judgment of the court below became final and conclusive with the crime of this case, and thus, it is necessary to consider the balance with the judgment of the court at the same time.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable.

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the crimes of this case Nos. 2, 3, and 4 of the holding of the court below, the crime of this case committed several times by the defendant in collaboration with his accomplices, thereby stealing another's residence, etc., or causing bodily injury to the victim H who made female-friendly appearance of the defendant, and the nature and circumstances of the crime are not weak, the victims' damage was not recovered, and the defendant did not agree with the victims, and the defendant again committed the crime of this case even though he was sentenced to a suspended sentence of 2 years of imprisonment with prison labor for special larceny, etc., during the suspended sentence of 6 months

The Defendant committed the instant crime.

arrow