강도미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. The lower court’s sentencing is too inappropriate.
B. Prosecutor 1) The lower court’s failure to issue an order to disclose or notify the Defendant’s information, in the absence of special circumstances that may not disclose or disclose the Defendant’s personal information. (2) The lower court’s failure to issue an order to disclose or notify the Defendant’s information.
2. Determination
A. It is recognized that the defendant's mistake is divided into his/her own mistake, and that the defendant agreed with the victim G, etc.
However, the crime of this case is committed at night by force against the victim E and G's property, who are women walking alone through violence or intimidation more than twice at night, and the crime of this case is committed by force against the victim M, who is a female living together at night, and the nature of the crime is not good. The crime of this case reveals considerable mental suffering and pain to the victims due to the crime of this case, the defendant does not agree with the victim E and M, and other conditions of sentencing specified in the argument of this case, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., are deemed unreasonable. Thus, the defendant's above assertion is without merit, and the prosecutor's above assertion is with merit.
B. The judgment of the court below 1 on the prosecutor's improper assertion of disclosure and notification order is compared to the disadvantage and anticipated side effects of the defendant due to disclosure and notification order in light of all the following circumstances, i.e., ① there was no criminal record of the defendant, ② the registration of personal information of the defendant against the defendant, and the completion of sexual assault treatment program, ③ the defendant's age, family environment, social relationship, etc.