logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.09.15 2017노1879
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of Defendant 1) The sentence of the lower court’s unfair sentencing (3 years and six months of imprisonment) is too unreasonable.

2) Although there are extenuating circumstances under which disclosure of personal information should not be disclosed or notified to the accused and the respondent for an attachment order (hereinafter “Defendant”), it is unreasonable for the lower court to order the Defendant to disclose or notify the personal information for a period of five years.

(b) A defendant has a habit of sexual crimes against a part of the case for which the attachment order is requested;

Although it is difficult to see that the defendant is not likely to recommit a sexual crime, it is unreasonable that the court below ordered the defendant to attach an electronic tracking device for a period of six years.

2. Determination on the part of the case of the defendant

A. In a case where there is no change in the conditions of sentencing compared to the first instance court as to the unfair argument of sentencing, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the lower court as the materials for new sentencing have not been submitted in the trial, and considering the factors revealed in the argument in the instant case, the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.

It does not appear.

The defendant's argument of sentencing is without merit.

B. As to the wrongful assertion of disclosure and notification orders, the Act on the Protection of Children against Sexual Abuse requires the disclosure and notification of personal information of a sex offender in principle in order to defend our society from sexual assault crimes, and there are special circumstances that may not be an exception.

only if it is judged, it shall be exempted.

The defendant's age, sex, environment, degree of risk of recidivism, details of the crime of this case, and crime.

arrow