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(영문) 부산고등법원 2020.11.04 2020노206
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., in the case of imprisonment with labor for one year and three months, the suspended sentence of two years and fine for three hundred thousand won, etc.) is too uneased and unfair.

Considering the background of the defendant's crime, the importance of the crime and the crime, it is improper that the court below exempted the disclosure and notification order of personal information and the employment restriction order.

2. Where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect the sentencing of the first instance court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Each of the instant crimes committed by the Defendant is an indecent act against women and women who are vulnerable to the instant crime, and is arrested as a flagrant offender and brought in to the police station by committing the instant crime, and is deemed to have expressed a desire for police officers working in the police station, and has avoided disturbance. In light of the details and contents of the instant crime and the relationship between the victims, each of the instant crimes is bad.

It seems that victims, especially children victims, who have been sexually imprisoned in the state of secret care, have suffered considerable mental impulses.

On the other hand, the defendant is against the recognition of each of the crimes in this case.

The degree of each indecent act is very weak.

At the investigation stage, the defendant had already endeavored to recover damage and expressed his intention that victims of sexual assault of this case do not want to be punished against the defendant.

There is no criminal record against the defendant.

It is expected that it will be helpful to prevent recidivism of the defendant due to the social ties of the defendant.

In addition to the above circumstances, the defendant's age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., all the sentencing conditions as shown in the argument of this case, including the circumstances after the crime, and the scope of the recommended sentence and suspended execution according to the sentencing guidelines established by the Supreme Court.

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