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(영문) 광주고등법원 2014.04.10 2014노26
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

, however, for three years from the date this judgment became final and conclusive.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (one year and six months of imprisonment, and 80 hours of sexual assault treatment programs) is too unreasonable.

Judgment

Basic crimes within the scope of recommendations according to the sentencing guidelines: Type 2 [Special Emotions] (Extent of punishment] and the range of mitigation elements of punishment; range of imprisonment for one year to two years (in the case of indecent act by compulsion of juveniles, the range of punishment shall be limited to the category 2, and the maximum and minimum of punishment shall be reduced to 2/3) [whether suspension of execution is possible] The main reasons for such concurrent crimes - The types of crimes [the types of crimes] group of sex crimes, general standards, crimes of indecent act by compulsion (subject to 13 years of age or older)] [the scope of recommendations] [the scope of punishment for which the defendant is deemed to be subject to 6 months to 2 years of age or older; the range of punishment for which punishment is modified; the maximum of punishment for the defendant shall be limited to 1 year to 3 years of imprisonment; the maximum of punishment for the defendant shall be limited to 1 year and 2 years of imprisonment [the maximum of punishment for the defendant who is subject to 13 years of age or more; the scope of punishment for which is disadvantageous to 2 years or more].

On the other hand, the fact that the defendant led to the confession of the facts charged in this case and reflects his mistake, that the defendant agreed with E which is a juvenile victim, and that the defendant has no record of criminal punishment so far, etc. are elements of sentencing favorable to the defendant.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, family relationship, environment, circumstances and result of the crime, and the sentencing guidelines for sexual crimes, the lower court’s punishment is somewhat unreasonable.

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