(영문) 부산고등법원 2015.05.27 2015노194 | 리걸엔진

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(영문) 부산고등법원 2015.05.27 2015노194

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

For the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the following: (a) the Defendant and the respondent for the attachment order and the respondent for the attachment order (hereinafter “Defendant”) led to the confession of each of the crimes of this case and reflects their mistakes; (b) the Defendant committed each of the crimes of this case on the grounds that there are mental problems, such as liverment, etc.; and (c) the Defendant’s family members endeavored to reach an agreement with the victims; and (d) the sentence of the lower court (two years and six months, etc.) is too unreasonable.

B. In light of the fact that each of the crimes in this case of unfair sentencing (public prosecutor 1) was focused on each of the crimes in this case of unfair sentencing, the Defendant had the record of receiving juvenile protective disposition by compulsion of minors under the age of 13, and the Defendant again committed each of the crimes in this case against minors under the age of 13, thereby causing high risk of recidivism, the sentence of the lower court’s sentence against the Defendant is too unreasonable, and thus, is unreasonable. 2) The lower court’s exemption from the order to disclose and notify the Defendant’s personal registration information even though it is necessary to issue an order to disclose and notify the Defendant

3. In light of the following: (a) the Defendant was found to have been subject to juvenile protective disposition due to indecent acts by force by the Defendant against minors under the age of 13; and (b) the Defendant committed each of the instant offenses, thereby committing an indecent act against the minors under the age of 13, the risk of recidivism is recognized; and (c) the lower court’s dismissal of the Defendant’

2. First of all, we examine the part of the defendant's case as to the prosecutor's improper assertion of exemption from disclosure and notification order.

The court below recognized the defendant as committing each of the crimes of this case and divided his mistake, and the defendant did not have any history of punishment as a sexual crime, and in this case, only the registration of personal information and the completion of sexual assault treatment programs shall be limited to a certain extent.

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