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(영문) 광주고등법원 2017.09.21 2017노278
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

The sentence against the accused shall be determined by one year and six months of imprisonment.

However, from the date this judgment becomes final and conclusive.

Reasons

1. When the defendant made a judgment on the defendant's unfair argument of sentencing in this court, the defendant made a clear agreement between the victim and the victim and expressed his/her intention that he/she will not want the defendant's punishment.

This is an element of sentencing to be newly considered for the defendant.

In addition, the fact that the defendant led to the confession of the crime and is in profoundly against the victim, the tangible power exercised by the victim and the degree of indecent act is not much serious, and the father and mother of the defendant wanting to take the defendant's prior position, and the family relation also appears to be publicly announced, such as the fact that the defendant is also able to take into account the fact that he can also be considered to help the victim adapt to the society in a sound manner by providing treatment within society on the premise of a smooth agreement with the victim in the investigation into the judgment against the defendant.

In full view of these circumstances, even if the defendant's age, sex, environment, etc. is considered to be disadvantageous to the defendant as shown in records and pleadings, the sentence imposed by the court below is too unreasonable.

2. The defendant's ground of appeal is with merit, and the judgment below is reversed and the judgment is delivered as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the crime;

1. Article 53 and Article 55 Subparag. 1 subparag. 3 of the Criminal Act (the above-mentioned favorable circumstances) for mitigation of a small amount;

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances as seen earlier);

1. Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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