logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2016.03.24 2016노13
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, three years of probation, three years of protection observation, three years of community service order, 120 hours of community service order, and 40 hours of lecture for treatment of sexual assault) is too heavy or unreasonable;

The exemption of disclosure and notification order is wrong.

2. In full view of the matters and sentencing guidelines, etc., which are the conditions for sentencing as revealed in the judgment of the court below, the court below’s determination of sentencing exceeded the reasonable bounds of discretion, taking into account the following factors: (a) the Defendant and victims of the instant crime; (b) the commission of certain crimes; (c) the repetition of the instant crime; (d) the specific form and degree of the crime committed by force; and (e) the existence of the Defendant’s reflective behavior and the recovery of damage; and

No assessment may be conducted.

In addition, there is no or insufficient circumstance or data to see that it is unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the political party.

On the grounds indicated in its reasoning, the lower court exempted the Defendant from an order to disclose or notify personal information, and exempted the Defendant from an order to disclose or notify such information. In light of relevant evidence, pleading, legal doctrine, etc., the lower court’s aforementioned determination is justifiable and did not err by misapprehending the legal doctrine, such as misconception of facts and misapprehension of the legal doctrine.

3. According to the conclusion, all appeals filed by the defendant and the prosecutor are dismissed (Article 364(4) of the Criminal Procedure Act).

arrow