(영문) 대구고등법원 2020.12.23 2020노262 | 리걸엔진

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(영문) 대구고등법원 2020.12.23 2020노262

아동ㆍ청소년의성보호에관한법률위반(성매수등)등

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court against the Defendants (one year and six months of imprisonment, ten months of imprisonment, and two years of suspended execution) is too unreasonable.

B. It is improper for the lower court to have exempted Defendant A from an order to disclose and notify personal information, which was improper to exempt Defendant B from an order to disclose and notify personal information. 2) It is unreasonable for the lower court to exempt Defendant B from an employment restriction order.

3. Each sentence of the lower court on the Defendants of unreasonable sentencing is unfair because it is too unhued.

2. Determination

A. As to the prosecutor’s unjust assertion of exemption from disclosure and notification of personal information against the Defendant A, the lower court exempted the Defendant’s personal information disclosure and notification considering the following: (a) the Defendant’s sentence against the Defendant; (b) the registration of personal information; and (c) the order to complete a program for the prevention of commercial sex acts; and (d) the Defendant’s adverse effects and anticipated side effects that the Defendant would suffer from disclosure and notification; and (c) the Defendant’s age, occupation, family environment, and social relationship.

In full view of the various circumstances shown in the records and pleadings of this case, the above judgment of the court below is acceptable, and there is no error as otherwise alleged by the prosecutor.

Therefore, the prosecutor's assertion on this part is not accepted.

B. As to the prosecutor’s unjust assertion that the Defendant B exempted the employment restriction order against the Defendant, the lower court considered the fact that the Defendant had no record of being punished for a sex offense, the relationship between the Defendant and the victim, the background and motive leading to the Defendant’s crime, and the method and frequency of the crime, etc., although the possibility of social criticism on the sex offense committed by the Defendant is very rough, it is an unspecified number of the Defendant solely on

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