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(영문) 부산고등법원 (창원) 2014.11.05 2014노251
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

1. Summary of grounds for appeal;

A. In the part of the Defendant case, the sentence imposed by the lower court to the Defendant and the person against whom the attachment order was requested (hereinafter “defendants”), (one year and six years of imprisonment), which is too uneased and unreasonable.

B. It is unreasonable for the court below to dismiss the defendant's request for attachment order even though the defendant's request for attachment order risks repeating sexual crimes.

2. Determination

A. As to the part of the defendant's case, there are favorable factors of sentencing or objective and neutral factors of sentencing, such as the confession of each of the crimes in this case, the Defendant’s mistake is against his own mistake, the degree of indecent act is not much serious, the Defendant paid and agreed to the parents of the victims, and the Defendant has not committed any other criminal offense in addition to the punishment of the crime in this case by a relatively minor fine, and there is no other criminal record.

However, each of the crimes of this case recognized by evidence, rules of evidence, and legal principles committed an indecent act against several juveniles using an opportunity to reorganize the victims who were found in the laundry operated by the defendant as customers, etc. The crime of this case is very poor and highly likely to be criticized in that it committed sexual violence against the victims who are vulnerable to the crime and at the time of forming sexual identity and values, and the victims are likely to suffer considerable mental pain due to each of the crimes of this case. In particular, each of the crimes of this case is deemed to have been suffered considerable mental pain by the victims due to each of the crimes of this case. In particular, each of the crimes of this case committed by the defendant, while operating and repairing laundry from the bell in the mouth for about 4 months, was conducted eight times against the female and female victims, who were 5 times old victims, and it is deemed that no longer identical crime has occurred as soon as they were investigated immediately after the last crime of this case.

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