logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.01.11 2017노2658
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Improper sentencing of the lower court is deemed unreasonable.

B. It is unreasonable that the court below did not issue an order to disclose or notify the information to the defendant, in the absence of special circumstances that would not disclose the personal information of the defendant in violation of the disclosure or notification order.

2. Determination

A. In light of the fact that the Defendant committed an indecent act by force against the victims who are juveniles and the nature of the offense is not good, strict punishment against the Defendant is required.

However, the defendant's mistake is divided, the victims do not want the punishment by agreement with the victims, and there is no change in the conditions of sentencing compared with the original judgment, and the sentencing of the original court exceeded the reasonable scope of discretion.

In light of the following facts: (a) the extent of the instant indecent act; (b) the Defendant’s age, sexual conduct and environment; (c) motive, means and consequence of the commission of the crime; and (d) the conditions of sentencing specified in the pleadings of the instant case, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable; and (d)

B. 1) The lower court’s determination on the unjust assertion of disclosure and notification order 1) In full view of the Defendant’s age, environment, social ties, criminal records, and the risk of repeating a crime, the benefits and preventive effects expected by the disclosure and notification order, and disadvantages and side effects resulting therefrom, there are special circumstances that may not disclose the Defendant’s personal information.

Based on the judgment, the defendant did not issue an order to disclose or notify information to the defendant.

2) The disclosure of personal information, which is defined as one of the grounds for exception to disclosure orders and notifications orders, under Articles 49(1) and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, shall be prohibited.

arrow