logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2020.02.13 2018노533
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

The first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for four years.

. Information on the Defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the second sentence of unfair sentencing (one year and six months of imprisonment) on the Defendant and the person subject to the request to attach an attachment order (hereinafter “Defendant”) is too unreasonable. 2) The measure of issuing an order to disclose and notify the unfair second sentence of disclosure and notification for five years is unfair.

3) Measures to issue an employment restriction order for five (5) years in the second instance of the improper second instance of the employment restriction order is improper. 4) Measures to issue an order to attach an electronic tracking device for five (5) years in the second instance of the improper attachment order.

B. Prosecutor 1) misunderstanding of facts: It is reasonable to view that the Defendant was aware that D was a juvenile at the time of the instant sexual traffic, or did not intend to commit an intentional crime. The first instance court erred by misapprehending the facts. 2) The punishment sentenced by the first and second instance court (the first instance court: imprisonment with prison labor for a year and six months, and the suspension of execution for a period of three years) is too uneasible.

3 The period of attachment of an electronic tracking device is too short for 5 years, which is set by the second instance court of the improper attachment order.

2. Determination

A. Determination 1 ex officio) This court decided to consolidate each appeal case of the first and second original judgments against the accused, and thus, the first and second original judgments cannot be maintained. If the prosecutor filed an appeal against the accused case of the first and second original judgment, the prosecutor is deemed to have filed an appeal against the case of the claim for attachment order of the first and second original judgment pursuant to Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, as well as each of the first and second original judgments, the first and second cases of the first and second original judgments were reviewed jointly. 2) The Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018 and enforced June 12, 2019) are amended by Act No. 15904, the main sentence of Article 59-3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the child and juvenile under Article 2(1) of the same Act.

arrow