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(영문) 서울고등법원 2018.02.08 2017노3227
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment of the court below is reversed.

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

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uncomfortable.

2) Although there is no special circumstance that the court below did not issue an order to disclose or notify the information to the defendant, it is improper that the court below did not issue an order to disclose or notify the information to the defendant.

2. Determination

A. The crime of this case was committed by the defendant as a teacher of learning in order to determine whether the sentencing of the defendant and the prosecutor was unfair.

Considering the fact that the indecent act of a victim under the age of 13 was committed by force and the nature of the crime is not good, strict punishment against the defendant is required.

However, in light of the defendant's age, sex and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the court below's punishment is too unlimited and unfair, so the defendant's above argument is justified, and the prosecutor's above argument is without merit. The defendant's above argument is without merit. The defendant's argument is without merit. The defendant's argument is without merit.

B. The lower court determined that the Defendant’s personal information should not be disclosed in full view of the Defendant’s age, environment, family relations, social ties, the risk of repeating a crime, previous convictions, and the benefits and preventive effects expected by the disclosure and notification order, and disadvantages and side effects resulting therefrom, etc., which are acknowledged as a comprehensive basis of the adopted evidence.

Based on the judgment, the defendant did not issue an order to disclose or notify information to the defendant.

2) The order of disclosure is issued under Articles 49(1) and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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