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(영문) 수원지방법원 2016.11.10 2016노6015

강제추행

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that a defense counsel (unfairness) recognized a mistake when the defendant was in the trial, and reflects the fact that the defendant committed the crime of this case by contingency under the influence of alcohol, the victim was compensated for damage in the trial, and the victim expressed his intent not to be punished, etc., the sentence of the court below ordering the defendant to complete the program of sexual assault treatment for a period of 1 year and 40 hours is too unreasonable.

B. It is unreasonable for the court below to exempt the prosecutor (1) from an order to disclose the registered information without specific and clear reasons, in light of the following: (a) there is a risk of recidivism in light of the contents of the crime committed by the

(2) In light of the fact that the crime of this case of unfair sentencing is not good and that there is an interview or interview with the applicable law to commit the crime, and that there is a risk of recidivism, the lower court’s punishment is too uneasible and unreasonable.

2. Determination

A. According to 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, in principle, the disclosure and notification of personal information of a person who has committed a sexual crime to the public, and where it is deemed that there are special circumstances that may not be an exception, such exemption shall be exempted.

Whether it constitutes “where it is deemed that there is a special reason not to disclose personal information” shall be the defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, result, seriousness of the crime, etc. of the crime, characteristics of the crime, such as disclosure order or notification order, the degree and anticipated side effects of the disadvantage the defendant suffers, the preventive effect of sexual crimes subject to registration which may be achieved due to such order, and the protection effect of victims from sexual crimes subject to registration.