준유사강간
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence of the lower court’s sentence against the Defendant (one year of imprisonment, etc.) is too unreasonable.
B. Prosecutor 1) The sentence of the lower court’s sentence against the illegal Defendant is too uneasible and unfair.
2) There are special circumstances under which disclosure of personal information against an illegal defendant is not subject to disclosure or notification order.
However, the lower court’s exemption from the disclosure notification order is unreasonable.
2. Determination
A. As to the argument that the sentencing of the Defendant and the Prosecutor was unfair, the instant crime was committed by the Defendant, who was a taxi engineer, with the 20th female passengers boomed by the Defendant, and with similar rapes, etc., in light of the criminal law, the crime was not good in light of the criminal law, and the Defendant appears to have suffered considerable sexual humiliation and mental impulses due to the instant crime.
However, in light of the following: (a) the Defendant led to the Defendant to commit the instant crime and is detained in custody for about two months; (b) the Defendant reflects his mistake in depth; (c) the Defendant did not have any other criminal record except the suspended sentence of imprisonment for occupational embezzlement in around 1986; and (d) the victim does not want the Defendant’s punishment upon mutual consent with the victim at the trial time; and (c) other various sentencing conditions specified in the instant argument, such as the Defendant’s age, sex behavior, family relationship, and circumstances after the commission of the instant crime, etc., the sentence of the lower court’s sentence is deemed unfair, and thus, the Defendant’s allegation in this part is reasonable, and the Prosecutor’s allegation in this part is without merit.
B. As to the prosecutor’s improper assertion of exemption from disclosure or notification order, there are special circumstances where disclosure of personal information may not be disclosed, as stipulated in the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
whether the case constitutes “if determined”.