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(영문) 수원지방법원 2016.03.31 2015노2392

강제추행등

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that a defense counsel (unlawful in sentencing) commits a crime against the defendant, there is no history of criminal punishment, that a defense counsel entered the Republic of Korea in Bangladesh on June 15, 2010 and has faithfully worked in N up to the present day after entering the Republic of Korea as a non-professional employment visa, and that a woman of a higher country who had been married with another male and female in the preceding year of the instant case committed the instant crime by drinking alcohol and contingently getting involved in drinking alcohol, it is unfair for the lower court to have sentenced two years of a suspended sentence of imprisonment for six months to the extent that the sentence of the lower court is too unreasonable.

B. The court below exempted the prosecutor (1) from an order to disclose personal information without specific and clear grounds, which violates the purport of requiring the defendant who committed an indecent act under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes to simultaneously issue an order to disclose personal information in principle.

(2) In light of the fact that the crime of this case was committed by the Defendant with two victims who committed an indecent act by force and attempted to escape arrest by force, and that it is not good to form a crime, the injury to the victims has not been recovered, and the Defendant did not seriously reflect on his mental or physical loss or his claim for mental or physical weakness at the lower court, etc., the sentence of the lower court is too 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, a prosecutor’s disclosure of personal information on a sex offender is required, and there are special circumstances that may not be an exception.

If it is judged, it shall be removed.

The "personal information shall not be disclosed".