(영문) 서울고등법원 2019.01.18 2018노3063 | 리걸엔진

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(영문) 서울고등법원 2019.01.18 2018노3063

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (four years of imprisonment) against the Defendant and the person against whom an order to attach an electronic device was requested (hereinafter “Defendant”) is too unreasonable.

B. There are special circumstances to exempt the accused from disclosure and notification orders.

C. There are special circumstances to exempt the accused from the employment restriction order.

Since a criminal defendant who committed an attachment order cannot be deemed to pose a risk of recommitting a sexual crime, the attachment order is unfair.

2. Determination

A. As to the assertion on unfair sentencing, it is recognized that the Defendant is against all the instant criminal acts, and the degree of the type of the Defendant’s exercise is relatively weak, and the degree of indecent act is relatively minor.

However, the Defendant committed an indecent act by force against minors on several occasions, including the following: (a) the instant crime was committed by a elementary school student, who is only eight years of age, lent his mobile phone to another game; (b) the background and method of the instant crime; (c) the frequency of the commission of the crime; and (d) the age of the victims; (c) the victims are deemed to have caused considerable sexual humiliation and fear due to the instant crime; (d) the Defendant was unable to take advantage of the victims; and (e) the Defendant had already been punished three times of imprisonment with prison labor for the same kind of crime; and (e) the Defendant had been sentenced for three times of indecent act by force; and (e) on March 22, 2018, the Defendant committed the instant crime during the period of repeated crime even after the execution of the sentence was completed.

In addition, various circumstances, such as the age, character and conduct, occupation, family relationship of the defendant, the background of the crime of this case, and the circumstances after the crime, shall be comprehensively considered.

유사 판례

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-부산고등법원 2015.05.27 2015노194

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-서울고등법원 2012.12.21 2012노3171

-서울고등법원 2016.05.20 2016노697