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(영문) 서울고등법원 2013.10.17 2013노2414
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The judgment below

The defendant's appeal as to the part of the defendant's case is dismissed.

The judgment below

an attachment order.

Reasons

1. Summary of grounds for appeal;

A. Defendant case (1) The sentence (one year of imprisonment) sentenced by the lower court to the Defendant and the respondent for an attachment order (hereinafter “Defendant”) is too unreasonable.

(2) Although there are special circumstances under which disclosure or notification of personal information should not be disclosed or notified to the illegal defendant of the disclosure or notification order, it is improper for the court below to order the defendant to disclose or notify personal information.

B. Although the Defendant in the case of an attachment order does not pose a risk of recidivism, the lower court erred by misapprehending the legal doctrine and ordered the attachment order to attach an electronic tracking device for a prolonged period of seven years.

2. Determination

A. (1) As to the claim of unfair sentencing on the part of the defendant's case, the victim and the legal representative of the victim seek the defendant's wife, and there is a favorable circumstance for the defendant, such as the defendant's counter-performance of his fault.

However, the crime of this case, however, has sexual intercourses over three times with the defendant demanding a sexual relationship against the victim under 16 years of age with the defendant continuously and threatening that the victim's pictures against the rejection should be disclosed to his parents, and the nature of the crime is very poor in light of the object of the crime and the contents of the crime.

In addition, the defendant has a criminal record of the same suspended execution.

In full view of all the sentencing conditions, including the above circumstances, the Defendant’s age, character and conduct, family environment, background leading to the instant crime, and circumstances after the commission of the crime, the lower court’s punishment is appropriate and unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

(2) As to the unlawful assertion of disclosure and notification order, the instant crime constitutes a sexual crime against a child or juvenile subject to disclosure and notification order. The former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1155, Dec. 18, 2012).

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