(영문) 대구고등법원 2015.04.30 2014노488 | 리걸엔진

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Reasons

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자간(%)

(영문) 대구고등법원 2015.04.30 2014노488

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of five million won) is too unreasonable.

B. Prosecutor 1) The lower court’s sentence of unreasonable sentencing is unreasonable as it is too unfilled and unreasonable. 2) The lower court’s exemption from disclosure and notification order cannot be deemed as a special circumstance to not disclose and notify the personal information of the accused. However, it is unreasonable for the lower court to exempt the Defendant from disclosure and notification order of personal information.

2. Determination

A. As to the assertion of unreasonable sentencing by the Defendant and the prosecutor, the instant crime was committed by the Defendant, who was the delivery employee, and the Defendant, delivered the victim’s cherb to the victim’s house, and the victim forcedly commits an indecent act against the victim in the course of giving and receiving cherbing money, and the crime’s quality is not less than that of the crime.

At the time when a juvenile victim establishes a sound sexual identity and values, he/she seems to have suffered a lot of impulses by committing the above crimes.

On the other hand, the Defendant did not have any history of criminal punishment except that sentenced to several fines due to the crime of this species, and the degree of tangible power exercised during the crime is relatively minor.

The content of indecent act is also seeing and selling, and it does not directly cause sexual humiliation.

The defendant is in profoundly against his wrongness and agreed with the victim.

In full view of all circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the lower court appears to be within the appropriate range of sentence corresponding to its liability, and it is not determined that the sentence is too heavy or unreasonable.

Therefore, each part of the defendant and prosecutor's argument is without merit.

B. As to the prosecutor’s improper assertion of exemption from disclosure and notification order

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