(영문) 광주고등법원 2020.01.16 2019노391 | 리걸엔진

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(영문) 광주고등법원 2020.01.16 2019노391

아동ㆍ청소년의성보호에관한법률위반(유사성행위)등

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The judgment below

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

A defendant shall be punished by imprisonment for three years and suspension of qualifications for one year.

(b).

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (three years of imprisonment, one year of suspension of qualification, one year of confiscation) is too unreasonable.

B. Prosecutor 1) Measures that the lower court exempted the disclosure and notification order, which was unfair by the lower court, are unreasonable. 2) The sentence imposed by the lower court of unreasonable sentencing is too uneasible.

3. Unreasonable measures taken by the lower court to dismiss a request for attachment order.

2. Determination

A. The lower court, as indicated in its reasoning, determined that there was a special circumstance in which the Defendant should not disclose or notify personal information to the Defendant, considering the possibility of recidivism of the Defendant’s sexual crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure or notification order, the prevention effect of sexual crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims from the sexual crimes subject to registration. Considering the circumstances stated by the lower court, the lower court’s determination is just and acceptable, and it is difficult to view that the lower court erred in the determination of the requirements for exemption from disclosure or notification order, and that the Defendant committed sexual abuse on several occasions by rape, indecent act, and sexual abuse against the victim of the sexual crimes subject to registration.

In light of the contents, methods, motive, etc. of the crime, it is not good that the crime is committed.

When the Defendant, as the guardian of the victim, was responsible for raising and protecting the victim in a sound manner, but became aware of the fact that the victim did not have such obligation and did not do so with men in an obscene manner, the Defendant committed the instant crime that cannot be deemed as having been committed under the name of the subject of decoration.

The victim of this case.

유사 판례

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