logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.06.12 2015노1239
강제추행등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

B. There are special circumstances to exempt the accused and the respondent for an attachment order (hereinafter “defendant”) from the disclosure and notification order.

2. Determination

A. As to the assertion of unfair sentencing, the Defendant recognized the instant crime and reflects it, and the extent of the type and indecent act committed by the Defendant against the victims is relatively minor, etc. are favorable to the Defendant.

The crime of this case was committed by approaching women who do not know of the defendant, and it is not good that the defendant committed the act of spreading his own buckbucks or m, etc., and even though the defendant was sentenced to imprisonment with prison labor by repeating the same kind of crime, the defendant committed the crime of this case in many times, the fact that the defendant committed the crime of this case is disadvantageous to the defendant.

In full view of the above points and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various circumstances that are conditions for sentencing, such as circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

The defendant's above assertion is without merit.

B. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse provide that the personal information of a person who committed a sexual crime shall, in principle, be disclosed and notified to the public, be exempted only when there are special circumstances that may not be an exception to such disclosure and notification.

The motive, method and contents of the crime of this case recognized by evidence duly adopted and investigated by the court below, the seriousness of the crime, and the defendant in the case of execution of the disclosure notification order.

arrow