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(영문) 부산고등법원 2012.12.27 2012노596
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

However, for three years from the date this judgment became final and conclusive.

Reasons

1. The sentencing of the lower court is too unreasonable because of the gist of the grounds for appeal.

2. Determination

A. The instant crime committed an indecent act against a victim who returned home after completing his/her study at night and at latest, and in light of the content and circumstances of the instant crime, the nature of the crime and the circumstances do not change.

However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) made a confession of his mistake in depth; (c) agreed with the victim; (d) the victim did not want to be punished; (c) the Defendant did not have any history of criminal punishment; (d) the Defendant appears to have lived in good faith as a student after completing military service; and (e) the possibility of edification and improvement in light of surrounding relation, such as family members and friendship; and (e) other factors of sentencing as indicated in the instant pleadings, such as the Defendant’s age, occupation, character and conduct, family relationship, and conditions after the commission of the instant crime, it is recognized that the sentence imposed by the lower court is too unreasonable.

B. In addition, the court shall, ex officio, issue an order to disclose any sex crime against a child or juvenile or any other person subject to disclosure of any of the following information, including the name, age, address, etc. specified in Article 38(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, to disclose such information through an information and communications network during the registration period. Article 38-2(1) main sentence of the Act provides that a court shall, ex officio, issue an order to inform the persons subject to disclosure of information, such as a person who has committed a sex crime against a child or juvenile, etc., of the disclosure information under paragraph (3) during the said disclosure period, to notify the local residents of the Eup/Myeon/Dong in which the person subject to disclosure of information, such as disclosure information, is residing

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