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(영문) 부산고등법원 2020.08.12 2020노255
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. A summary of the judgment of the court below, the defendant committed an indecent act by gathering the victim (the 17 years of age) who is a member of the right sports center operated by himself/herself (the indecent act against the Act on the Protection of Children and Juveniles against Sexual Abuse) and the person subject to registration of personal information upon conviction of a sex offense (the indecent act against children and juveniles against the Act on the Protection of Children and Juveniles against Sexual Abuse), but failed to submit false information and submit changed

[Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Confidentiality, etc.) was prosecuted. The lower court found the Defendant guilty of all the charges and ordered the Defendant to complete a program for treating sexual assault for a period of 1 year, 40 hours, and an employment restriction order for five years.

B. The summary of the grounds for appeal (unfair punishment) 1) The sentence imposed by the Defendant (one year of imprisonment, etc.) by the lower court is too unreasonable. 2) The above sentence imposed by the lower court is too uneasible and unreasonable.

2. Determination

A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (B)

Judgment

1. A defendant who is disadvantageous to him.

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