(영문) 서울고등법원 2020.12.10 2020노1581 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2020.12.10 2020노1581

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

1. Summary of grounds for appeal;

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

B. Prosecutor 1) The sentencing of the lower court on the grounds that it is unreasonable that the sentencing of unfair sentencing is too uneasible and unfair. 2) The unfair lower court’s failure to issue an order to disclose personal information to the Defendant.

2. Determination

A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the crime of this case is acknowledged: (a) the Defendant committed indecent act by force by force on the part of the victim’s sexual organ so that the victim’s sexual organ part is only confined to her am, who is a child or juvenile; and (b) the nature of the crime of this case is not weak; and (c) the victim appears to have suffered considerable mental pain and suffering.

However, when considering the defendant's age, character and environment, motive, means and consequence of the crime of this case and the conditions of sentencing as shown in the argument of this case, such as the defendant's age, character and environment, motive, means and consequence of the crime, etc., it is difficult to see that the sentence of the court below is too unjustifiable even if considering all the circumstances asserted by the prosecutor in the trial of this case, and rather, it is unreasonable to deem that the sentence of the court below is too unreasonable because it is too unreasonable.

Therefore, this part of the defendant's argument is reasonable, and this part of the prosecutor's argument is without merit.

B. As to the prosecutor’s unfair assertion of exemption from disclosure disclosure order, the lower court did not issue an order to disclose information to the Defendant on the ground that there were special circumstances that the Defendant’s personal information should not be disclosed or notified, based on the circumstances in its reasoning

Examining the above judgment of the court below in light of the records, the prosecutor at the trial.

유사 판례

-서울고등법원 2020.12.17 2020노1775

-서울고등법원 2020.11.05 2020노1410

-서울고등법원 2016.12.23 2016노3193

-서울고등법원 2020.12.24 2020노1860

-서울고등법원 2020.11.05 2020노1302