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(영문) 광주고등법원 2016.07.21 2016노129
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years and six months of imprisonment, three years of suspended execution, and forty hours of order to attend a course) is too uneasible and unfair.

2. The crime of this case is a case in which the defendant committed an indecent act against the victim who is a female student living together with the defendant, and the crime of this case is not deemed to be inferior.

As a result, the victim seems to have difficulties in forming sound sexual values in the future with considerable mental impulses.

However, the defendant has made efforts to recover damage, such as taking measures to deposit against the victim when the defendant has committed a crime in depth and when it comes to the depth of the crime, the degree of indecent act against the victim has not been severe, and there are no other criminal records except punishment once in 194, and the social relationship is relatively sound, such as having been maintained by a fine in 194 with his family, and the recent traffic accidents where the need for the defendant's spouse to take care of his family in distress has increased due to his death and serious injuries, as well as various sentencing factors as shown in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, circumstance and consequence of the crime, and circumstances after the crime, etc., the prosecutor's assertion is without merit, since the above punishment that the court below's prior to the defendant is too uneasible and unfair.

3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is groundless.

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