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(영문) 부산고등법원 (창원) 2017.12.13 2017노235

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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 (two years of imprisonment, three years of suspended execution, 120 hours of community service order, and 40 hours of order to attend a lecture) is too unhued and unreasonable.

B. It is unreasonable for the lower court to exempt the Defendant from disclosure and notification orders, in the absence of special circumstances that may not disclose or notify the Defendant’s personal information.

2. Each of the crimes of this case in determining the illegality of sentencing is an unfavorable circumstance to the defendant, such as: (a) each of the crimes of this case committed an indecent act by the victim who was living in the home park in the home park located in the country of Australia (the 13 years old at the time of the first damage) by committing an indecent act with the victim’s bridge who was living in a dancing or diving; (b) the nature and method of the crime was inferior; (c) the victim who was under the age of this case caused considerable mental shock and sexual humiliation due to each of the crimes of this case; and (d) the victim who was under the age of this case caused considerable mental shock and sexual humiliation; and (e) the victim who was under the age of this case may be hindered in forming a sound sexual values in the future

On the other hand, all of the crimes of this case are recognized by the Defendant, and thus, against his mistake, the type of the Defendant’s use or the degree of criminal conduct is relatively excessive, the Defendant paid KRW 20 million to the victim for the recovery of damage, and the Defendant is the primary offender who has no record of criminal punishment.

위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형 위원회 제정 양형기준의 권고 형량 범위 ◈ 법률상 처단형의 범위: 징역 2년 ~ 45년 ◈ 양형기준의 적용 기본범죄: 원심 판시 제 1의 나. 항 아동 청소년 의성보호에 관한 법률위반( 강제 추행) 죄 [ 유형의 결정] 성범죄 군 >...