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(영문) 서울고등법원 2016.09.02 2016노1179
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. Illegal Defendant’s improper disclosure order is subject to exemption from disclosure notification order, and even if not, the period of disclosure notification order as determined by the lower court is too too long and unreasonable.

2. Determination

A. As to the assertion on unfair sentencing, each of the instant crimes stated to the effect that each of the instant crimes committed an act of similarity or indecent act against math male juveniles on the road, and in light of the frequency, period, method, and degree of damage, etc. of the crime, the crime’s nature and circumstances are very heavy. As a result, the victims, who have not yet been mentally or physically mature, seem to have suffered a great shock and feel a sense of sexual humiliation, and there may be concerns over causing trouble in creating a sound sexual values in the future. Although the victims agreed upon both the Defendant and the Defendant, according to the sentencing investigation report submitted at the court below, the victims agreed to the sentencing investigation report submitted at the court below, the victims stated to the effect that “the victims agreed to receive medical treatment in an economically difficult situation, so they would have reached an agreement with the economic needs,” or that “the mother of the victim D does not want to have a reasonable compensation for the damages,” and in particular, the mother of the victim D does not want to have any further agreement with the Defendant on the ground that it does not want to be mitigated.”

The fact that the defendant is the first offender, the recognition of each of the crimes of this case and reflects his mistake, and the fact that the court below agreed with the victims is favorable to the defendant.

The age, character and conduct, family relationship, and environment of the defendant.

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