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(영문) 서울고등법원 2017.12.14 2017노3042
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. The sentence of the lower court that is unfair in sentencing (three years of imprisonment, five years of suspended sentence, and 80 hours of sexual assault treatment lectures) is too uneasy and unfair.

B. It is unreasonable for the lower court to exempt the Defendant from the disclosure notification order, even though it is necessary to disclose the Defendant’s registered information in light of the content of the instant crime committed in violation of the disclosure notification order, possibility of recidivism, etc.

Judgment

A. The instant crime of determining the illegality of sentencing is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant was aware of his sexual organ in front of the victim’s sexual organ; and (b) the Defendant was able to drive away from the victim’s sexual organ before the elevator, and committed an indecent act by drinking out the chest; (c) the victim was considerably highly mentally shocked; and (d) the Defendant was notified of a summary order as a crime of obscene performance in which the victim committed an act of self-defense before the elementary school student, etc.; and (e) the Defendant was notified of the summary order as an offense of obscene performance.

On the other hand, the fact that the defendant repents his mistake, the defendant seems to have caused a contingent crime of this case because he failed to move the drinking transport due to the old age of 74 years, and the defendant does not want the punishment any longer in the victim's mother by agreement with the victim's mother.

In addition to the above factors of sentencing that are disadvantageous or favorable to the defendant, comprehensively taking into account various factors of sentencing as shown in the records and theories of this case, such as the character, conduct, environment, family relationship, health status, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that make it possible to change the sentence of the court below in the trial at the time of the crime, the sentence imposed by the court below is acceptable as it is within the proper scope of punishment in accordance with the defendant's liability, and it is not recognized as unfair as it is too uneasible

Therefore, it is true.

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