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(영문) 서울고등법원 2014.12.05 2014노2640
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of imprisonment with prison labor for one year) is too unhued.

2. The instant case is an unfavorable circumstance to the Defendant, where the Defendant would have taken photographs necessary for the operation of shopping products, and the Defendant committed an indecent act by force against female juveniles aged 15 by force, and taken a bridge, etc., with heavy character of crime, and the victim appears to have suffered a considerable sense of sexual humiliation and fear.

On the other hand, all of the crimes of this case are led to the confessions of the defendant and the misunderstandings of the defendant, and this case seems to have occurred dynamicly due to the development under the parent's chain where the defendant has a physical disability, that the defendant supports the mother who has a physical disability at present, that the defendant does not want punishment against the defendant, that the female-friendly group of the defendant wants to have the defendant's wife, that the defendant wants to have the defendant's wife, and that there is no criminal records against the defendant, etc. are favorable circumstances to the defendant.

그 밖에 피고인의 연령, 전과, 성행, 환경, 가족관계, 범행의 동기와 경위, 범행 후의 정황 등 여러 가지 양형의 조건들과 대법원 양형위원회의 양형기준에 따른 권고형량 범위 ◇ 법률상 처단형의 범위 : 징역 1년 ~ 17년 6월 ◇ 대법원 양형위원회의 양형기준(다만 양형기준이 설정된 범죄와 양형기준이 설정되지 아니한 범죄가 경합범의 관계에 있으므로 양형기준이 설정된 범죄의 권고형의 범위의 하한만을 고려함)

1. The general standard for the crime of indecent acts by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act against children and juveniles (including indecent act by deceptive means and by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by juveniles, shall be included in the two types, but the scope of

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