(영문) 서울고등법원 2017.12.21 2017노3025 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 서울고등법원 2017.12.21 2017노3025

아동ㆍ청소년의성보호에관한법률위반(강간등치상)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uncomfortable.

2) Although there is no special circumstance that the court below did not issue an order to disclose or notify the information to the defendant, it is improper that the court below did not issue an order to disclose or notify the information to the defendant.

2. Determination

A. The instant crime of determining the illegality of sentencing by the Defendant and the Prosecutor requires strict punishment against the Defendant when considering the following: (a) the Defendant, as a juvenile, has sexual intercourse and has suffered bodily injury by taking advantage of the victim E under the influence of alcohol as a juvenile; (b) assaulted the victim K in cooperation with F, and carried dangerous objects, causing bodily injury to the victim L; and (c) the nature of the crime is not good.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) the Defendant does not have any previous conviction; (c) the victim K does not want the Defendant’s punishment; and (d) the Defendant’s age, sexual conduct and environment; (b) the motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (d) the Defendant and the prosecutor’s above assertion are too heavy or unreasonable. Therefore, all of them are without merit.

B. The lower court’s determination on the prosecutor’s improper assertion on the prosecutor’s disclosure and notification order 1) In full view of the Defendant’s age, environment, family relations, previous convictions, and the risk of repeating a crime, benefits and preventive effects expected from disclosure and notification order, and adverse effects therefrom, there are special circumstances that may not disclose the Defendant’s personal information.

Based on the judgment, the defendant did not issue an order to disclose or notify information to the defendant.

2) Determination of the immediate deliberation.

유사 판례

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