beta
(영문) 서울고등법원 2018.04.12 2018노90

강간미수등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court is too inappropriate.

B. It is unreasonable to order the court below to disclose and notify the defendant's information for a period of five years, even in extenuating circumstances where the disclosure of personal information of the defendant and the person who requested the attachment order (hereinafter "the defendant") should not be disclosed.

(c)

Although there is no risk of recidivism and recidivism of sexual crimes, it is unfair that the court below ordered the defendant to attach an electronic tracking device for a period of seven years.

2. Determination

A. It is recognized that the Defendant’s judgment on the wrongful argument of sentencing is divided and contradictory to his or her mistake.

However, the Defendant again committed the instant crime without attaching a location tracking electronic device during the period of repeated crime, even though the Defendant had committed several criminal records of the same kind, and the instant crime was committed by committing sexual traffic with D and the Defendant committed sexual traffic, and the nature of the instant crime is not good, and the Defendant did not receive a letter or reach an agreement from the injured party up to the heart, and taking into account the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, this part of the Defendant’s allegation is without merit.

B. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse, in principle, requires disclosure and notification of personal information of all persons who have committed sexual crimes to defend our society from sexual crimes, and there are special circumstances that need not be an exception to such disclosure and notification.

only if it is judged, it shall be exempted.

Here, disclosure order and notification order.