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(영문) 서울고등법원 2015.06.11 2015노1217
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years and six months of imprisonment, three years of suspended execution, three years of community service, 320 hours of order to attend a lecture, 40 hours of imprisonment) is too unreasonable.

2. The defendant does not have any criminal record of suspended execution or heavier and has no record of punishment for sexual crimes.

The defendant reflects his mistake, and deposited 3 million won for the victim.

However, the crime of this case is an indecent act committed by the defendant in a teaching school against the aged victim who was able to learn from him or others, and the crime of this case is not good.

The victim who was growing due to the crime of this case seems to have suffered a considerable mental shock.

Victims and their families are punished for the accused.

In addition, considering the age, character and conduct, environment, etc. of the defendant, all the sentencing conditions as shown in the argument of this case and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, it cannot be said that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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