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(영문) 서울고등법원 2013.06.13 2013노789
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for six months.

. Information on the Defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) (one year of imprisonment, five years of personal information disclosure and notification, three years of location tracking device attachment) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of unfair sentencing regarding the instant case, the instant crime is deemed to be an indecent act by force by the Defendant, 15 years of age, who provided volunteer service at the Library, and the nature of the crime is inferior, and the Defendant failed to obtain a letter from the victim. Since the Defendant had a criminal record similar to the instant crime, it cannot be deemed that the Defendant’s criminal liability is less than that of the instant crime, it is difficult to suspend

However, in full view of the following factors: (a) the Defendant’s mistake is divided; (b) the type of the victim’s commission or the degree of indecent act is weak; and (c) the Defendant’s age, character and conduct, family environment, family relationship, motive and circumstance of the crime; (b) the method and consequence of the crime; and (c) the recommended sentencing guidelines of the Sentencing Committee, including the circumstances after the crime, etc., the lower court’s punishment is somewhat unreasonable; and (d) the Defendant’s above assertion is reasonable.

B. As to the unjust assertion of the disclosure of personal information of the accused case, the crime of the lower judgment constitutes a sex offense subject to registration under the Act on the Protection of Children and Juveniles against Sexual Abuse. The Act on the Protection of Children and Juveniles against Sexual Abuse provides that the disclosure of personal information of a person who has committed a relative sex offense shall, in principle, be exempted only when it is judged that there exists “special circumstances” that may not be an exception.

However, the crime of this case can be recognized by the evidence duly adopted and examined by the court below.

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