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(영문) 부산고등법원 2015.12.09 2015노590
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence on the Defendant of unreasonable sentencing (one year of imprisonment with labor and two years of suspended sentence, etc.) is too unhutiled and unfair.

B. Since the court below's exemption from disclosure and notification orders is likely to pose a risk of repeating a crime against the defendant, it is unfair for the court below to exempt the defendant from disclosure and notification orders.

2. Determination

A. As to the assertion on unfair sentencing, the crime of this case is committed by the defendant in good faith by finding a convenience point for the victim, who is a juvenile under 18 years of age, and committed an indecent act against the victim in response to the victim’s face and face. In light of the circumstances leading to the crime, age of the victim and method of criminal punishment, etc., the crime is not less vulnerable to the nature of the crime; even though the victim appears to have suffered considerable sexual humiliation and mental suffering due to the crime of this case, the defendant was unable to take advantage of the victim, and there are multiple criminal records against the defendant. However, considering the fact that the defendant led to the confession of the crime of this case, the defendant made efforts to recover from damage by depositing KRW 2.5 million for the victim, the defendant did not have the same criminal power, all kinds of sentencing conditions under Article 51 of the Criminal Act, and sentencing guidelines established by the Sentencing Committee, etc., the court below’s sentence against the defendant does not seem to have exceeded discretionary power.

B. As to the wrongful assertion of exemption from disclosure and notification order, whether the case constitutes “any special circumstance that may not disclose or notify personal information” as an exception to disclosure and notification order under the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is concerned with the characteristic of the offender, such as the Defendant’s age, occupation, and risk of recidivism.

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