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(영문) 대구고등법원 2018.04.05 2017노632
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

In light of the various sentencing conditions in this case, the sentence imposed by the court below (the completion of a sexual assault treatment program with 2 years and 40 hours) is too unreasonable.

Judgment

Examining the various sentencing conditions in the instant case, the Defendant appears to have committed a crime, and there is no record of a protective disposition or a criminal punishment due to a sexual crime, and the degree of tangible force at the time of the instant crime is relatively heavy; the Defendant appears to have committed the instant crime by contingently against the victim who wishes to sleep with friendly C, her female friendliness, and the victim at the time of the instant crime, playing together with the Defendant’s home room at the time of the instant crime, and playing together with the Defendant’s home room at the time of the instant crime; the Defendant, who lives under the slots of money, who did not receive proper attention and difficulties from his parents, sent a fluencing time, and was 20 years old, and was 20 years old and 20 years old, and did not prevent any mistake again.

They are favorable to the defendant.

However, the crime of this case was committed in the defendant's house by forcing the victim under 18 years of age to engage in an indecent act, such as drinking and her chest at the defendant's house. The crime of this case is committed against the defendant again during the period of repeated crime at a time when the crime was committed without being aware of the fact that the nature of the crime was very poor in light of the background, object, method, etc. of the crime, and the crime was not mitigated. The victim seems to have suffered from severe mental impulse and sexual humiliation, and the victim was likely to have negative impact on the formation of sound sexual identity and values of the victim in the future. The defendant did not receive from the victim, and the defendant was unable to receive from the victim due to the crime of special larceny, etc., and the defendant again committed the crime of this case during the period of repeated crime without being aware of the fact that he was released from the juvenile protective disposition due to special larceny, etc., and one month or less.

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