(영문) 부산고등법원 2018.05.03 2018노129 | 리걸엔진

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(영문) 부산고등법원 2018.05.03 2018노129

아동ㆍ청소년의성보호에관한법률위반(강간등치상)등

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Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant and the person who requested the attachment order (hereinafter “Defendant”) to whom the attachment order was issued by the Defendant and the person who requested the attachment order (hereinafter “Defendant”) (a punishment of imprisonment for three years and six months, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

B. Prosecutor 1) The above sentence of the lower court’s improper sentencing is too uneasible and unfair.

2) Since the exemption from disclosure or notification order is likely to pose a high risk of repeating a crime, it is unreasonable for the lower court to exempt the Defendant from disclosure or notification order of personal information.

3) The lower court’s dismissal of the Defendant’s request for the attachment order of this case, despite the risk of recommitting a sexual crime, is unreasonable.

2. Determination

A. Part 1 of the case of Defendant 1) We examine both the Defendant and the Prosecutor’s respective arguments regarding the wrongful determination of sentencing.

If there is no change in the conditions of sentencing compared to the first instance trial, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court considered the Defendant’s attempt to rape a juvenile who was aware of in F as a social worker, while engaging in rape, the crime of the instant crime is heavy, and the victim seems to have suffered considerable sexual humiliation and mental pain.

On the other hand, the above punishment was determined by considering the favorable circumstances, such as the fact that the Defendant recognized the instant crime and reflects the mistake, that the Defendant’s rape was committed in the attempted crime, that there was no record of criminal punishment, that there was no social ties between the Defendant and the Defendant, and that there was a relatively obvious social ties.

In this court, the defendant agreed with the victim, and the victim does not want the punishment of the defendant.

There are changes in circumstances.

(b).

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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