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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2014.07.18 2014노984
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the defendant (one year of imprisonment and two years of suspended execution) is too unreasonable.

B. Since there are special circumstances that the defendant should not disclose or notify personal information to the defendant, the order of disclosure or notification to the defendant for two years sentenced by the court below is unfair.

2. Determination

A. The following are the circumstances that are favorable to the Defendant: (a) the Defendant’s judgment on the assertion of unfair sentencing lacks the capacity to distinguish the types of crimes in this case; (b) the degree of exercise of force and the degree of indecent act; (c) the Defendant agreed in the lower court only with the victim; and (d) the Defendant’s parents had the Defendant reside in the temporary protection facility to prevent recidivism.

On the other hand, the crime of indecent act in this case seems to have been committed by the victimized juvenile, and the defendant had the record of having been sentenced to the disposition of suspension of indictment and the judgment of suspension of sentence twice the same criminal act, and the defendant had committed the crime of indecent act by compulsion on April 5, 2008, but was subject to a disposition of non-right to prosecute upon withdrawal of the complaint by the victim.

The defendant is disadvantageous to the defendant.

In addition, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and circumstance of the crime, etc., and the general standards for the crime of indecent act by force (including indecent act by force against juveniles) according to the sentencing guidelines of the Supreme Court and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Commission (the decision of the recommended area) shall be [the decision of the recommended area] of types 2. [the decision of the recommended area] of the crime of indecent act by force by force against the juvenile (including indecent act by force against the juvenile)] of the crime of indecent act by force by force: imprisonment with prison labor for 1 year [the scope of recommendation of sentence] of imprisonment with prison labor for 1 year - two years, juvenile indecent act by force shall be included in the categories 2/3, and the upper limit

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