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(영문) 서울고등법원 2019.06.14 2019노996
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment, etc.) is too uneased and unfair.

B. It is unfair that the lower court exempted the Defendant from issuing an order to disclose or notify personal information, even if it is recognized that the Defendant was likely to recommit sexual crimes.

2. Determination

A. The crime of this case, which judged the unfair argument of sentencing, committed sexual abuse of the victim's sex, who is a juvenile whose perception of sex has not yet been formed properly, by various ways of thinking, is disadvantageous to the defendant. The crime of this case is very poor, the victim who is at the time when to form the sexual identity and values due to the crime of this case, has a big mental impulse, and is likely to have a negative impact on the formation of sound human relations or social life in the future, and the defendant has failed to receive a letter from the victim and has failed to recover from damage.

On the other hand, the fact that the defendant recognized all of his own crimes, the fact that he belongs to the victim or did not exercise force during the process of establishing a sexual relationship with the victim, and that there is no record of punishment of the criminal act except for the fact that he has been sentenced to a fine once, etc. are favorable to the defendant.

In addition, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect it (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In addition, even if comprehensively examining various circumstances, including the Defendant’s age, family relation, character and conduct, environment, and the course and consequence of the instant crime, etc., the lower court’s sentence is too unjustifiable and unreasonable.

This part of the prosecutor's argument is without merit.

(b)the exemption from disclosure or notification order is unjust.

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