(영문) 서울고등법원 2018.11.30 2018노2477 | 리걸엔진

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(영문) 서울고등법원 2018.11.30 2018노2477

아동ㆍ청소년의성보호에관한법률위반(위계등추행)등

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Defendant

In addition, the appeal by the person who requested the attachment order and the requester for the protective order shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case against Defendant 1) The sentence sentenced by the lower court (a prison term of three years and six months, etc.) is too unreasonable.

2) It is unreasonable for the lower court to order the child juvenile-related institutions, etc. to place employment restrictions for a period of five years.

B. Although there is no risk of sexual assault and recidivism against the Defendant and the requester for the attachment order and the requester for the protective order (hereinafter “Defendant”), it is unreasonable for the lower court to order the Defendant to undergo the protective observation for five years from the date on which the attachment of an electronic tracking device and the execution of imprisonment for a five-year location is completed.

2. Determination

A. The Defendant’s portion 1 of the instant case is that the mother of the victim living together did not have yet to be able to decide on the Defendant’s unfair argument of sentencing and committed an indecent act against the other victim’s ties in their lives. In light of the subject and circumstances of the instant crime, the degree of indecent act is very poor in light of the crime, and the victim’s age was not less than 14 years, and the victim’s age was less than 14 years, and the victim appears to have been sexual humiliation and a sense of sense of sense of sexual shame seems to have been sexually impaired; until this court reached, the Defendant did not agree with the victim or otherwise; the Defendant committed the instant crime without being sentenced to three years of imprisonment with prison labor due to rape in 2013, which was committed during the period of repeated crime, and the Defendant was subject to a special act on the punishment, etc. of sexual crimes (i.e., violation of the Special Act on the Punishment, etc. of Sexual Crimes) and the punishment of persons with disabilities against the Defendant.

On the other hand, the defendant recognized the crime of this case and took depth of his mistake, etc.

유사 판례

-부산고등법원 (창원) 2017.06.28 2017노92

-대구고등법원 2018.04.26 2017노592

-부산고등법원 (창원) 2016.07.06 2016노137

-서울고등법원 2016.05.20 2016노761

-대전고등법원 (청주) 2018.04.19 2017노182