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(영문) 서울고등법원 2015.09.10 2015노1677
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (a fine of KRW 10 million) imposed by the court below on the defendant is too unreasonable.

2. The Defendant recognized the instant crime, and thereby is against his mistake.

The defendant agreed with the victim, and the victim does not want to punish the defendant.

A defendant has no record of punishment for a sexual crime.

However, the crime of this case is very bad because the defendant, who operates a leading gymnasium, committed indecent act by force against a female juvenile who was under the leading gymnasium by himself.

The victim, who was growing due to the instant crime, seems to have suffered a considerable mental pain and sexual humiliation.

In addition, comprehensively taking account of the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the argument of this case, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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