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(영문) 대법원 2016.07.29 2016도7188

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In full consideration of all the circumstances indicated in the records, such as the Defendant’s age, occupation, type of crime, criminal record, and consequence, it is justifiable for the lower court to maintain the first instance judgment that sentenced the disclosure order and notification order for a period of two years on the ground that there are no special circumstances that the disclosure of personal information of the Defendant is prohibited.

In addition, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.