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(영문) 부산고등법원 2017.05.18 2017노174
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the lower court to the Defendant (one year of imprisonment, two years of suspended execution, etc.) is too uneasy and unfair.

B. Although the court below exempted the Defendant from disclosure or notification of personal information, it erred by misapprehending the legal principles on disclosure or notification of personal information, or by misapprehending the legal principles on disclosure or notification of personal information, in light of the following: (a) the Defendant’s act of committing the instant crime, including the details, means, and methods of the instant crime; and (b) the records of sexual assault crimes.

2. Determination

A. As to the unfair argument of sentencing, various circumstances unfavorable to the defendant (the crime of this case committed by the defendant was committed by the defendant while approaching the victim who did not have the awareness of being dismissed (the female victims aged 15 and 16) and forced the victims to commit an indecent act in a way that they did not take his head, shoulder, or knife his losses by force while forced them to do so. In addition, the crime of this case was punished as an indecent act even before the crime of this case was committed. Despite the fact that the victims suffered considerable mental impulse and pain due to the crime of this case committed by the defendant, the defendant did not take any measures to recover from agreement or damage, and the defendant did not appear to have committed several favorable acts such as intimidation since the crime of this case to the victim during several favorable circumstances (the crime of this case was committed by the defendant and the victim of this case to the victim of this case).

The statement is that the defendant made, and the degree of tangible power exercised by the defendant to the victims is not severe.

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