강간미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is that the punishment imposed by the court below on the defendant (two years of imprisonment, 80 hours of completion of sexual assault treatment programs, and 5 years of disclosure of information) is unfairly excessive, and there are special circumstances in which the defendant shall not disclose and notify personal information to the public.
2. Determination
A. As to the assertion of unfair sentencing, the instant crime was committed by the Defendant on the ground that the Defendant, who introduced the instant case through a criminal suspect, tried to rape by drinking alcohol at the Defendant’s first time, and the nature of the instant crime is not weak.
However, in view of the fact that the Defendant has led to the confession of all of the instant crimes in the trial, and the victim does not want the punishment of the Defendant by mutual consent with the victim, the instant crime appears to have occurred in the event of drinking, and that the Defendant appears to have committed an attempted crime, and that there was no criminal record other than a fine for one time due to violent crimes, the lower court’s punishment was eventually unreasonable.
Therefore, the defendant's above assertion is justified.
B. As to the unfair disclosure of personal information, the crime of attempted rape in the judgment of the court below constitutes a sexual crime subject to registration under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse shall, in principle, disclose and notify the personal information of the person who committed the sexual crime, allow exemption only when it is judged that there is “special circumstances”
However, the type, motive, process and consequence of the instant crime, seriousness of the crime, and the degree of disadvantage and anticipated side effects to be suffered by the Defendant due to the disclosure order, which can be recognized by the evidence duly adopted and examined by the court below, and the prevention effect and victim of the instant crime.