logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2015.02.04 2014노345
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment with labor for a term of one-year suspension of execution, etc.) is too uncomfortable and unfair.

B. It is unreasonable for the lower court to exempt the Defendant from disclosure and notification orders, in the absence of special circumstances that would not disclose or notify the Defendant’s personal information.

2. Determination

A. There is no previous criminal record on the assertion of unfair sentencing against the Defendant, the degree of indecent act in the case of a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, a relatively low property and property gains acquired in the case of fraud, the Defendant’s mistake is against the Defendant by recognizing all of the instant crimes, and the Defendant was detained on July 10, 2014 by the time of emergency arrest on the ground of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the Defendant was detained until October 16, 2014, or an objective and neutral sentencing factor is recognized.

However, there are several cases where the defendant committed fraud and violent crimes in the previous case. In particular, on September 8, 2010, the defendant was sentenced to a judgment ordering a community service for 2 years and 80 hours of imprisonment with prison labor for the crime of intrusion upon the victim's residence after getting out of the first floor to the second floor and getting out of the second floor in order to steals the body of the victim (the age of 28) through two times from the Busan District Court's Dong Branch branch branch branch branch of the Busan District Court on Sep. 8, 2010, and then getting out the house through the beradra window, and then getting out the house through the second floor, and committed each of the crimes of this case recognized by evidence, evidence, and evidence law and legal principles, each of the crimes of this case is committed by the defendant's 15 years old female juveniles who come out of the house and forced the victim to engage in sexual traffic, and obtained the victim's property and profits without the intent or ability to pay the price in the entertainment house.

arrow