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(영문) 서울고등법원 2016.12.01 2016노2809
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for one year and two years of suspended execution) of the lower court’s sentence against the Defendant is deemed unreasonable.

2. The crime of this case in question is one of the most disadvantageous crimes that the defendant committed by indecent act against female juveniles.

For this reason, the victims were suffering from a considerable mental impulse.

The defendant was unable to receive suspicion from the victim.

However, the defendant is against his or her will to recognize his or her mistake.

The type of force used in committing the crime or the degree of indecent act is not very important.

The defendant deposited five million won for the victim.

There is no record of criminal punishment against the defendant.

In addition, considering the defendant's age, character and conduct, environment, and all of the sentencing conditions, and the scope of the recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, it cannot be deemed that the sentence imposed by the court below is too uneasible and unfair.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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