logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.07.12 2019노750
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for six months, suspension of execution for two years, community service hours for 120 hours, etc.) of the lower court is too unreasonable;

2. Determination

A. The lower court sentenced the Defendant to imprisonment with prison labor for six months and two years of suspended execution, taking into account the unfavorable circumstances and favorable circumstances.

In full view of all the circumstances that serve as the condition for sentencing in this court, no circumstance exists, including where the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or where it is deemed to have been unfair to maintain the judgment of the court below as it is.

(The decision of the court below is judged to have already been reflected in the decision of the court below). In addition, considering the defendant's age, environment, background and result of the crime, circumstances after the crime, etc., the sentence of the court below is proper and too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

B. Ex officio determination 1) Determination of whether to issue an employment restriction order for welfare facilities for the disabled pursuant to Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) of the Welfare of Disabled Persons Act should determine whether to issue an employment restriction order for welfare facilities for the disabled pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. Thus, where the judgment of conviction of the accused of the crime of indecent act by compulsion in the judgment on the period of registration of personal information of welfare facilities for the disabled pursuant to the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act becomes final and conclusive, personal information of the accused is subject to registration of personal information pursuant to Article 43 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

arrow