성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court’s unfair sentencing (the three years of the suspended sentence of imprisonment for two years and six months, one year of the observation of protection, one year of community service, 160 hours of sexual assault treatment, 40 hours of sexual assault treatment) is too unreasonable.
B. Although there are special circumstances in which disclosure of personal information should not be disclosed to the public, it is improper for the court below to order the disclosure of personal information of the defendant for three years.
2. Determination
A. As to the reasons for an unfair appeal for sentencing, the Defendant infringed on the victim’s room by using the key to the publicly notified televis that he had been in custody, and forced the victim to commit an indecent act.
The defendant is subject to a suspended sentence of imprisonment with prison labor due to the crime causing rape in 2002.
On the other hand, the victim does not want the punishment of the defendant, and the defendant has continued to engage in ordinary volunteer activities and donation activities, and the crime of this case is divided.
The lower court, taking into account such various circumstances, determined the sentence against the Defendant as above, taking into account the scope of the applicable sentences under the law, the scope of the recommended sentencing guidelines for the enactment of the sentencing committee, etc., even if the Defendant considered the circumstances in which he is engaged in volunteer service activities and donation activities after the sentence of the lower judgment, it cannot be deemed that the lower court’s sentencing was unreasonable.
This part of the grounds for appeal cannot be accepted.
B. As to the grounds for appeal of unfair disclosure disclosure order, 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 a person who has committed a sexual crime to defend our society from a sexual crime, there are special circumstances that may not be an exception.
only if it is determined, it shall be exempted.
The defendant's age and occupation, degree of risk of recidivism, and crime of this case.