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(영문) 청주지방법원 2021.02.17 2020노1362
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment, 80 hours of completing a sexual assault treatment program, and 5 years of employment restriction on child-related institutions) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing by the Defendant and the prosecutor, and where the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in the sentencing after the sentence of the lower judgment do not appear.

The lower court sentenced the Defendant to the punishment by taking into account the favorable and unfavorable circumstances of the Defendant in the “reasons for sentencing”.

Comprehensively taking into account the various circumstances as stated by the lower court and the motive, circumstance, means, circumstances after the crime, Defendant’s age, sexual conduct, environment, and family relationship, the lower court’s sentencing judgment cannot be deemed to have exceeded the reasonable bounds of its discretion and is too heavy or unreasonable.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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