logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2013.11.22 2013노180
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

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 punishment imposed by the Defendant and the person against whom the attachment order was requested by the first instance court (hereinafter “defendants”) on the Defendant and the person against whom the attachment order was requested (hereinafter “the person against whom the attachment order was requested”) is too unreasonable.

B. Prosecutor 1) The sentence imposed on the Defendant by the first instance court is too unfilled and unreasonable. 2) The Defendant is likely to recommit a sexual crime, and it is unreasonable for the first instance court to dismiss the request for an attachment order of an electronic tracking device.

2. Determination

A. As to the assertion of unfair sentencing, there are more favorable factors for sentencing such as the Defendant’s recognition of one’s own crime and the attitude of reflecting one’s own act; the Defendant has no record of punishment for sexual crimes so far; the Defendant suffers from mixed uneasiness and prone disorder; and the degree of indecent act is not relatively hot.

On the other hand, it is also recognized that the Defendant committed an indecent act and committed an indecent act against the victim by deceiving the victim who is a juvenile from the Office of Education by reporting tobacco to the police, reporting the tobacco smoke to the police, and informing him/her of the fact that it is bad to commit the crime. The victim seems to have suffered considerable mental impulse. Nevertheless, the Defendant did not receive a letter from the victim, and on September 14, 2007, the Seoul High Court sentenced the victim for three and a half years and six months of imprisonment due to robbery, etc. on November 21, 2010 and completed the execution of the sentence, which is a repeated offense period at the time of the completion of the execution of the sentence, and thus, it is also recognized that there is a high possibility of criticism.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, the motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances revealed in pleadings, such as the circumstances after the commission of the crime, the sentence sentenced by the first instance court is deemed appropriate, and it does not seem to be too heavy or unreasonable.

Therefore, the defendant.

arrow