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(영문) 광주고등법원 2016.04.07 2015노618
아동ㆍ청소년의성보호에관한법률위반(준강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (two years and six months of imprisonment, four years of suspended execution, and forty hours of taking sexual assault treatment lectures) is too unfluent and unfair, and it is also unreasonable to exempt the Defendant from disclosure or notification orders.

2. Determination

A. The instant crime of determining the illegality of sentencing is not likely to constitute an indecent act on the part of the victim, who was a juvenile with whom the Defendant had known to the general public, by making use of the crime.

However, in full view of the following facts: (a) the Defendant led to confession and mistake; (b) the drinking together seems to have been committed contingently; (c) the victim and the victim have reached a unanimous agreement; (d) the Defendant has no particular criminal history and has served in good faith as public interest service personnel; and (e) the Defendant’s age, family relation, criminal records, sex, environment, motive and background of the offense; (c) the means and method of the offense; and (d) all the sentencing conditions indicated in the records and arguments, including the circumstances after the offense, etc., the lower court’s punishment cannot be deemed unfair, and thus, the Prosecutor’s allegation in this part is without merit.

B. In full view of the following circumstances: (a) Defendant’s age, occupation, social relation, criminal record and risk of recidivism; (b) background leading to the instant crime; and (c) details of the instant crime; and (d) the degree of disadvantage and anticipated side effects of the Defendant due to the instant disclosure and notification order; and (e) comparative balancing between the effect of the Defendant’s sexual crime prevention and expected interests; and (b) the disclosure and notification order, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The judgment of the court below to the same effect is justified.

Therefore, the prosecutor's assertion on this part is without merit.

3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is groundless.

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