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(영문) 광주고등법원 2016.04.21 2015노604
아동ㆍ청소년의성보호에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal ① The sentence (one and half years of imprisonment, 40 hours of order to complete a program) imposed on the Defendant by the original appellate court is too unreasonable, and it is also improper to order the Defendant to disclose and notify the information about the Defendant for a period of three years.

2. Determination

A. As to the unfair argument of sentencing, there are extenuating circumstances that can be considered favorable to the defendant, such as: (a) the defendant has led to the confession of all of the crimes of this case in the judgment of the court; (b) the victim of the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) the victim of the crime of fraud has voluntarily agreed with the victim of the crime of fraud in the judgment; and (d) the first offender with no record of the crime.

On the other hand, each of the crimes of this case is a case in which the defendant acquired money from a woman who was a man with a view to borrowing money, etc. from a woman who was a man, and where the defendant tried to commit a sexual indecent act by going through night before the front of the front door of the house, and it is not good to the quality of the crime, such as the method of crime, etc., and most of the money acquired by the defendant is not repaid after using the considerable part of the money acquired by the defendant as entertainment expenses, etc., and the victim of the crime of fraud in the judgment of this case is unable to recover from the damage of the defendant caused by the crime, and is faced with a poor economic difficulty, and the defendant committed a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse without being involved in the investigation into the crime of fraud in the judgment of this case, which is disadvantageous to the defendant.

In full view of the following circumstances, the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, and the sentencing guidelines of the Supreme Court Sentencing Committee, etc., the Defendant’s punishment against the Defendant cannot be deemed unfair because it is too unreasonable, and this part of the Defendant’s assertion is without merit.

(b) an order of disclosure or notification.

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