logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.06.16 2017노206
아동ㆍ청소년의성보호에관한법률위반(준강제추행)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for two years and by a fine of 300,000 won.

The above fine shall be imposed on the defendant.

Reasons

A. In full view of the following circumstances: (a) the victim F does not want the Defendant’s punishment; (b) the victim F appears to have the effect of preventing recidivism to a certain extent; (c) the Defendant’s age, occupation; (d) family relationship, social ties; and other benefits and effects expected by the instant disclosure disclosure notification order; and (e) disadvantages and side effects therefrom; and (e) the victim F’s personal information disclosure and notification should not be given to the Defendant.

[Judgment] Grounds for sentencing

1. Imprisonment with prison labor for a period between 2 and 50 years, and a fine not exceeding 300,000 won;

2. Scope of the recommended sentences according to the sentencing criteria;

A. The crime of violating the Act on the Protection of Juveniles from Sexual Abuse (a quasi-indecent Act on the Protection of Juveniles from Sexual Abuse) listed in paragraph (2) of the holding: The basic crime / [the type] the crime of forced indecent acts against sexual traffic crimes (the crime of forced indecent acts/special forced indecent acts, such as forced indecent acts by blood or intrusion into residence) / The described criteria / The indecent act against juveniles shall be included in the type 2, but the maximum and minimum of the sentence range shall be mitigated to 2/3) / Where the exercise of tangible power is considerably weak (the scope of recommending punishment), the mitigated area, one year to 2 years;

B. The crime of violating the Act on the Protection of Juveniles from Sexual Abuse (Indecent Acts by Enforcement Decree) as stated in paragraph (1) of the holding [types] In the case where the exercise of tangible force is considerably weak, it shall be included in the type 2 in the indecent act by force against juveniles (in addition, the maximum and minimum range of punishment shall be reduced to 2/3) (the person who is subject to special sentencing] in the scope of punishment [the scope of recommended punishment] the area of special mitigation, six months to two years.

C. In the case of injury in the judgment [the type of injury], the injury (aggravating factors) weighted by Type 1 (general injury) [the person subject to special sentencing] [the scope of recommending punishment] increased area, six months to two years of imprisonment.

(d) Scope of punishment recommended according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than two years (the crime for which the sentencing guidelines are set);

arrow