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(영문) 부산고등법원 2015.01.14 2014노695
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended execution, and forty hours of taking the course of sexual assault treatment) is too uneasible and unreasonable.

B. The court below's failure to issue an order to disclose or notify personal information to the defendant, although there are no special circumstances to prevent the defendant from disclosing or notifying personal information against the improper defendant that was exempted from disclosure or notification order.

2. Determination

A. The instant crime of determining unfair sentencing is an indecent act committed by the Defendant on the part of the juvenile at night by taking into account the background and content of the crime, the victim’s age, etc., in light of the fact that the instant crime appears to have suffered mental suffering; the Defendant appears to have suffered from the instant crime; and the Defendant was not able to obtain a letter from the victim, etc., which are disadvantageous to the Defendant.

However, in full view of the following factors: (a) the Defendant committed the instant crime while committing the instant crime in depth; (b) the Defendant appears to have committed the instant crime by contingency while drinking alcohol; (c) the type of the Defendant’s use and the degree of indecent act; (d) the Defendant did not have any criminal history; (c) the Defendant has no record of crime; (d) there seems to be sufficient possibility of edification and improvement as a senior citizen of society; and (e) other factors of sentencing as indicated in the instant argument, such as the Defendant’s age, character and behavior and environment; (e) motive, means and consequence of the instant crime; and (e) the recommended sentences based on the sentencing guidelines of the Sentencing Committee by the Supreme Court, such as the circumstances after the crime, etc

Therefore, this part of the prosecutor's argument is without merit.

B. The grounds for exception to disclosure and notification orders under the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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