(영문) 서울고등법원 2018.03.23 2017노3458 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.03.23 2017노3458

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (an amount of KRW 5 million) by the lower court is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.

2) In light of the fact that the defendant and the victim are juveniles aged 16 years old or older, the risk of recidivism is recognized in light of the fact that the defendant and the victim do not have any awareness, and the defendant's behavior control power is insufficient, it is improper for the court below to exempt the defendant from issuing an order to disclose and notify personal information, even though the court below should disclose and notify the defendant's personal information.

2. Determination

A. As to the wrongful assertion of sentencing, the fact that the Defendant’s mistake is against himself/herself, and there is no previous criminal conviction, and that there is no separate form of force that differs from the indecent act is relatively minor and that there is no separate form of force that is favorable to the Defendant.

On the other hand, the crime of this case is an indecent act against female students in which the defendant was committed, and the crime of this case is not less severe than that of the defendant, and the fact that the defendant did not receive a letter from the victim is disadvantageous to the defendant.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive, means, and consequence leading to the instant crime, and various circumstances that form the conditions for sentencing specified in the instant pleadings, such as the circumstances after the instant crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, this part of the argument by the defendant and the prosecutor cannot be accepted.

B. According to Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the disclosure and notification of personal information of a person who committed a sexual crime against a child or juvenile should, in principle, be given notice of such information, and there are special circumstances in which such disclosure and notification shall not be given exceptional.

If it is judged, it shall be removed.

"No personal information shall be disclosed".

참조조문

-아동ㆍ청소년의 성보호에 관한 법률 제49조 제1항

-아동ㆍ청소년의 성보호에 관한 법률 제50조 제1항

유사 판례

-서울동부지방법원 2018.03.29 2017노1699

-수원지방법원 2018.07.12 2018노136

-수원지방법원 2018.04.19 2017노6516

-서울고등법원 2018.02.09 2017노2756

-서울고등법원 2018.06.15 2018노972