logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.05.29 2014노921
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant

In addition, both the applicant for medical treatment and custody and the respondent for attachment order are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part of the Defendant case (1) The sentence imposed by the lower court on the Defendant and the requester for medical treatment and custody as well as the requester for an attachment order (hereinafter “Defendant”) is too unreasonable.

(2) Although there are special circumstances under which disclosure or notification of personal information should not be disclosed or notified to the illegal defendant of the disclosure or notification order, it is improper for the court below to issue an order to disclose or notify personal information to the defendant.

B. It is unreasonable for the court below to issue a medical treatment, custody, and attachment order to the defendant who applied for medical treatment and custody and attachment order without risk of recidivism.

2. Part of the defendant's case

A. As to the Defendant’s assertion of unfair sentencing, the Defendant’s assertion of unfair sentencing is a favorable condition to the Defendant, such as the fact that the Defendant has caused the instant crime under a state of mental disability due to the on-site illness, etc.

However, in full view of the fact that the crime of this case was first committed against the juvenile of this case at the night, and it seems that the victim suffered from this, and other various sentencing conditions, such as the defendant's age, criminal records, character and conduct, family environment, background leading to the crime of this case, circumstances after the crime, and sentencing guidelines established by the Supreme Court Sentencing Committee, such punishment of the court below is too unreasonable.

B. As to the Defendant’s wrongful assertion of disclosure or notification order, the instant crime constitutes a sexual assault against a child or juvenile subject to disclosure disclosure order. The Act on the Protection of Children and Juveniles against Sexual Abuse provides that the disclosure and notification of personal information of a person who committed a sexual assault against a child or juvenile shall, in principle, be exempted only in cases where there are special circumstances that may not be such disclosure or notification order.

However, the defendant can be recognized by the evidence duly adopted and examined by the court below.

arrow