logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2018.10.24 2018노127
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

For a period of five years, the disclosure of information about the accused.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person who requested the attachment order (hereinafter “Defendant”) do not have any misunderstanding of the fact that the Defendant and the person who requested the attachment order (hereinafter “Defendant”) inserted the sexual organ into the victim’s sound book.

2) At the time of the instant case, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

3) The sentence sentenced by the lower court to the Defendant (one hundred years of imprisonment, etc.) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court against the Defendant that was unfair in sentencing is too uneasible and unfair.

2) The lower court’s exemption from disclosure or notification order is unreasonable, in the absence of special circumstances that would not disclose or notify the personal information of the criminal defendant who was unreasonably exempted from disclosure or notification order.

2. We examine ex officio the grounds for appeal by the Defendant and the prosecutor prior to the judgment on the grounds of appeal.

Article 56(1) of the Act on the Protection of Juveniles from Sexual Abuse, which was amended by Act No. 15352 on January 16, 2018, stipulates that a person who was finally determined to be sentenced to a punishment or treatment for a sex offense against a child or a sex offense against an adult (hereinafter “sex offense”) shall not operate a facility, institution, or place of business under each of the following subparagraphs (hereinafter “child-related institution, etc.”) or provide employment or actual labor to a child-related institution, etc., and uniformly stipulates that a period during which it is impossible to provide its operation, employment, or actual labor (hereinafter “restricted period”) shall be ten years.

However, Article 56 of the Act on the Protection of Children and Juveniles from Sexual Abuse, which was amended by Act No. 15352 and enforced July 17, 2018, provides that where a court issues a sentence or treatment and custody for a sex offense, it shall not operate a juvenile-related institution, etc. during the period of employment restriction, nor provide a child-related institution, etc. with employment or actual labor (hereinafter “employment restriction order”).

arrow