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(영문) 부산고등법원 2016.07.13 2016노290

유사강간

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence (one year and six months of the suspension of execution, etc. in one year and six months of the imprisonment) against an unfair defendant is too unhued and unfair.

(b) there are extenuating circumstances in which disclosure of personal information against an unjust defendant is prohibited from disclosure or notification order.

However, the lower court’s exemption from the disclosure notification order is unreasonable.

2. Determination

A. As to the wrongful assertion of sentencing, the crime of this case is an unfavorable circumstance to the defendant that the defendant committed a similar rape on the ground that the defendant's insulting remarks from the defendant were found by the victim, and that the crime is bad, and that the defendant has been punished for the same crime in around 2005.

On the other hand, however, considering the following as a whole: (a) the Defendant recognized all of the instant crimes and is in depth against the Defendant; (b) the victim does not want the punishment of the Defendant; (c) the Defendant is aged; (d) the family members of the Defendant are protecting and guiding the Defendant; and (c) the Defendant is being hospitalized for the purpose of improving the current proof of alcohol existence; and (d) other various sentencing conditions specified in the instant pleadings, such as the Defendant’s character and conduct, family relationship, and circumstances after the crime, it does not seem that the sentence of the lower court is too una

Therefore, the prosecutor's improper argument of sentencing is without merit.

B. As to the unjust assertion that exemption from disclosure or notification order is unfair, there are special circumstances in which disclosure or notification of personal information should not be disclosed or notified, as stipulated in the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The issue of whether a person falls under "in the case of judgment" is due to the character of the offender, such as the defendant's age, occupation, risk of recidivism, etc., the type, motive, process, result, seriousness of the crime, etc., and disclosure order or notification order.