성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
The information on the accused shall be disclosed for a period of five years.
1. Summary of grounds for appeal;
A. (1) The sentence of imprisonment (five years of imprisonment) imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter referred to as “Defendant”) is too unreasonable.
(2) Although it cannot be deemed that there is a risk of repeating a sexual crime against the criminal defendant, it is improper to order the court below to disclose and notify the personal information of the criminal defendant.
B. The lower court’s issuance of an attachment order is unreasonable, even though the Defendant does not pose a risk of recommitting a sexual crime.
2. Determination
A. (1) As to the Defendant’s assertion of unreasonable sentencing regarding the part of the Defendant’s case, the Defendant attempted rape by intrusioning into the room at night around 2003.
In fact, even though there has been a history of punishment already sentenced due to attempted crimes, another person's residence has been intruded at night and tried to rape. In light of the contents of the crime, the nature of the crime is very poor.
However, in full view of the various sentencing conditions shown in the records and arguments of this case including the fact that the crime of this case was committed in the attempted crime, the victim expressed his intention of not to punish the victim in the time of the trial, the fact that the defendant both led to confession and reflects on the crime, and the age, family relationship, environment and health conditions of the defendant, the sentence of the court below is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
(2) As to the unlawful assertion of an order to disclose personal information, the instant crime constitutes a sexual crime subject to registration under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that a person who committed a sexual crime shall, in principle, disclose and notify the personal information of the person who committed the sexual crime to the public, be exempted from such disclosure.