logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2017.06.08 2017노73
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. It is reasonable to respect the sentencing conditions in a case where there is no change in the sentencing conditions compared to the lower court’s judgment on the prosecutor’s unfair assertion of sentencing, and the lower court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, this court also expressed that the injured party expressed his/her intent not to be punished by the Defendant, and comprehensively taking account of the records and the sentencing conditions indicated in the pleadings, such as the fact that the nature of the crime is not good, even if considering the elements of sentencing unfavorable to the Defendant, such as the fact that the lower court’s punishment is too unfeasible, and thus, exceeds the reasonable scope

shall not be deemed to exist.

We do not accept the prosecutor's argument that the sentencing of the court below is unfair.

2. In full view of various circumstances revealed by the lower court, such as the fact that there is no history of sexual assault against the Defendant to determine whether to exempt the disclosure or notification of personal information, there is a special reason that the disclosure or notification of personal information of the Defendant should not be made.

The decision is judged.

It is justifiable that the court below exempted the defendant from issuing an order to disclose and notify personal information.

This part of the Prosecutor's argument is not accepted.

3. The lower court, ex officio, found the Defendant guilty of both the crime of assault and child abuse and the crime of forced indecent act committed by blood relatives falling under the sex offense subject to registration under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”), and held that they are concurrent crimes under the former part of Article 37 of the Criminal Act.

In the light of this, one sentence of imprisonment was sentenced.

The registration period of personal information against the defendant is 15 years in accordance with Article 45 (1) 3 and 45 (2) of the Punishment of Sexual Violence Act. In light of the sex crime which causes the registration of personal information, the nature of the remaining crimes, the severity of the crimes, etc., the registration period is reasonable.

arrow