logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.02.13 2018노3135
아동ㆍ청소년의성보호에관한법률위반(준유사성행위)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Sexual assault, 40 hours against the defendant.

Reasons

1. As to the crime committed on August 24, 2016 among the facts charged in the instant case, the lower court found the Defendant guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (quasi-similar act) on the Protection of Children and Juveniles against Sexual Abuse on the ground that the crime committed on August 24, 2016 constituted a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (quasi-similar act) and did not constitute a separate crime.

On the other hand, the defendant only appealed against the guilty portion, and the prosecutor did not appeal. Accordingly, the guilty portion of the above reasoning was also remanded to the court in accordance with the principle of no appeal, but this part was virtually separated from the target of the attack and defense between the parties.

Therefore, the judgment of the court below regarding the acquittal of the above reasons shall be followed, and this court shall not decide otherwise.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor, 5 years for completing sexual assault treatment programs, 40 hours for completing sexual assault treatment programs, 5 years for restriction on employment) of the lower court is too unreasonable.

3. The judgment of the Defendant became aware of the juvenile victim while taking charge of the support of students, etc. in the Nwed sports team, and committed each of the crimes of this case among the Dogggs in the sports team.

At the time of preventing the Defendant from committing each of the instant crimes, the victim appears to have followed the Defendant’s reliance and trust, i.e., the third and first years of middle school and high school. However, the Defendant neglected such trust.

Victims and their parents want to be punished by the defendant.

However, the Defendant is the first offender with no criminal history, and the Defendant is recognized as committing each of the instant crimes from the court of the original trial to the trial of the court of the original instance, and has a deep depth, support alone, family-friendly relationship, etc., and the Defendant’s wife against him.

arrow