(영문) 부산고등법원 2021.03.31 2020노711 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 부산고등법원 2021.03.31 2020노711

아동ㆍ청소년의성보호에관한법률위반(성착취물제작ㆍ배포등)등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment, etc.) by the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s unfair sentencing is too unhued and unfair.

2) The lower court’s judgment dismissing the Defendant’s request for attachment order on the ground that the dismissal of the request for attachment order is recognized as the risk of recidivism.

2. Determination

A. 1) In a case where there is no change in the conditions of sentencing compared to the first instance court of the relevant legal doctrine, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect the part of the Defendant’s instant case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

The Defendant is an initial offender who had no record of other crimes before committing the instant crime.

It is relatively clear that the family relationship and social ties are relatively clear to prevent recidivism, such as helping the family members and branch members of the defendant to play a leading role in the defendant.

B) The crime of this case at an unfavorable disadvantage is that the defendant committed an indecent act by threatening the victim who is aged snick with the Defendant, taken the surface of the similarity act, so as not to make a report on the fact of damage by using it, and the crime of this case is very poor in the nature of the crime, and the responsibility for the crime is heavy.

The age victim seems to have caused serious psychological impulse and sexual humiliation due to the instant crime, and is likely to have a negative impact on the formation of sexual identity and values in the future.

The defendant did not receive a letter from the injured party, and the injured party and his family members were punished with severe punishment.

C) Comprehensive and conclusive sentencing elements as above, and the age, sex, intelligence, etc. of the defendant.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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-광주고등법원 2016.03.17 2015노573

-부산고등법원 2021.02.04 2020노592

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