logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2017.04.27 2017노68
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. The lower court dismissed each of the charges of assault and intimidation among the facts charged in the instant case, and rendered a judgment of conviction only for the remaining facts charged.

On the other hand, the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") filed an appeal against the convicted portion, and the prosecutor filed an appeal against the entire judgment, but dismissed the appeal against the judgment dismissing the prosecution on the first trial date.

Therefore, since the judgment dismissing public prosecution regarding the above violence and intimidation becomes final and conclusive separately as it is, the judgment dismissing the above public prosecution is excluded within the scope of the judgment of this court.

2. Summary of reasons for appeal;

A. Part 1 of the case of Defendant 1) The sentence imposed by the lower court on Defendant (three years of imprisonment, etc.) is too unreasonable.

2) Prosecutor A) The sentence imposed by the lower court against the Defendant that was unfair in sentencing is too unhued and unfair.

B) In light of the process, details, means, and methods of the instant crime committed by the Defendant, the lower court exempted the Defendant from disclosure and notification of personal information, but did not err by misapprehending the legal doctrine on disclosure and notification of personal information, or by misapprehending the legal doctrine on disclosure and notification of personal information.

B. According to the evidence submitted by the Prosecutor for the part of the request for attachment order (the prosecutor), the lower court, despite the fact that the Defendant has a risk of repeating sexual crimes, has a risk of repeating the crime.

It is unreasonable to dismiss a prosecutor's request for an attachment order on the ground that it is difficult to conclude.

3. Determination

A. The part 1 of the case against Defendant 1) Various circumstances favorable to Defendant, which were shown in the proceedings of the lower court and the trial of the party [the Defendant, from the lower court to the trial of the party, led to the confession of all sexual assault crimes as indicated in the judgment of the lower court.

arrow