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(영문) 의정부지방법원 2015.06.30 2015노945

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below exempted the defendant from the order to disclose personal information, and there is no "special circumstance" that the defendant should not be sentenced to the order to disclose personal information, so the court below erred in the misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, two years of suspended sentence, two years of probation, and 80 hours of sexual assault treatment lectures) is too uneasible and unreasonable.

2. Determination

A. As to the assertion of misunderstanding legal principles, the court below is deemed to have a special circumstance that may not disclose or notify personal information to the defendant pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the defendant's age, occupation, risk of recidivism, motive, method of the crime in this case, consequence and seriousness of the crime, disclosure or notification order, the degree of disadvantage and expected side effects of the defendant's entrance due to the disclosure or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved thereby, and the protection effect of the victim, etc.

B. As to the assertion on unfair sentencing, one of the Defendant committed the instant crime in spite of the record of being sentenced to a fine of three million won on May 10, 2010, imprisonment on September 1, 2010, and imprisonment of two-year suspension of execution with labor on September 1, 2010, and the victim’s contact with the same company using one’s position at the department in charge of the J, discovered the victim’s contact with the same company for five times during the period of 50 days, and used the function of restricting the indication of the sender to avoid his/her personal exposure.