beta
(영문) 대구고등법원 2020.09.24 2020노229

아동ㆍ청소년의성보호에관한법률위반(유사성행위)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the court below on unreasonable sentencing (two years and six months of imprisonment, three years of suspended execution, etc.) is too unhutiled and unfair.

B. The judgment of the court below that exempted the disclosure and notification order of personal information and the person who requested an attachment order (hereinafter “defendant”) from the disclosure and notification order of personal information and the employment restriction order is unfair.

C. The lower judgment dismissing the request for an attachment order in light of the gravity and degree of damage, etc. of the instant crime committed, which was improper to dismiss the attachment order.

2. Determination

A. As to the allegation of unfair sentencing on the part of the defendant case, the crime of this case is committed by the defendant by threatening the victim who is 14 years of age to capture physical photographs to the victim, and by again threatening the victim by the same method, and attempted to commit indecent act by force, and is committed an attempted crime at the wind arrested by the police, and the nature of the crime and the criminal situation are hot.

If the defendant was not discovered by the police, he seems to have come to commit the crime of indecent act by compulsion against the victim.

The victim seems to have suffered a considerable mental pain due to the crime of this case, and have caused a sense of sexual humiliation.

However, the defendant recognized the crime of this case and divided the error in depth. The defendant, a student in the third grade of high school, was unable to reach a sexual self-defense and impulse due to an aggravated academic stress related to the college entrance examination, and seems to have reached a contingent crime.

The defendant is an elementary offender who has no record of criminal punishment.

The defendant does not want to punish the defendant under the agreement with the victim and his/her guardian.

In order to improve personality and behavior, the defendant is preparing for university entrance examinations as young people of 19 years of age, and he is receiving psychological counseling and mental treatment to improve his character and behavior, and is living as healthy members of society.

Family members and persons of the defendant are also the defendants.