아동ㆍ청소년의성보호에관한법률위반(강간)등
The conviction part among the defendant's case of the judgment below shall be reversed.
A defendant shall be punished by imprisonment for three years.
except that this judgment.
1. The lower court rendered a judgment dismissing the prosecutor’s claim regarding the part of the attachment order case while rendering a judgment of conviction on the remaining points regarding the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, among the part of the Defendant case, on the grounds that the public prosecution was dismissed, and only the Defendant appealed on the part of the conviction.
Therefore, the dismissal part of the public prosecution which was not appealed by the defendant and the prosecutor was separated and confirmed as it is, and there is no benefit to appeal with respect to the part of the attachment order case, and the part of the attachment order case is excluded from the part of the judgment of the court below, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific
2. Summary of grounds for appeal;
A. The lower court’s sentencing is too unreasonable.
B. It is unreasonable for the lower court to order the disclosure and notification of the Defendant’s information for four years, even though there are special circumstances under which the disclosure and notification order should not be disclosed the Defendant’s personal information.
3. Determination
A. Considering the fact that the Defendant, by force, has sexual intercourse with the victim, who is a juvenile, and had sexual intercourse with the victim at the school of the victim, and has induced the victim again to have sexual intercourse with the victim, and that the nature of the crime is not good in light of the circumstance, method, damage outcome, etc., the crime of this case requires strict punishment against the defendant.
However, all of the crimes of this case are recognized by the defendant, and his mistake is divided and reflected, the defendant does not have any other criminal records other than the fine imposed for the violation of the Act on the Protection of Juveniles against Sexual Abuse (sexual purchase) around 2006, and the victim and the mother of the victim want the punishment by mutual consent with the victim and the victim.