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(영문) 서울고등법원 2016.11.04 2016노2619

강제추행등

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence of unreasonable sentencing (10 months of imprisonment) on the part of the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) is too unreasonable. 2) Although there are special circumstances under which disclosure and notification order should not be disclosed or notified to the Defendant, it is unreasonable for the lower court to order the Defendant to disclose or notify personal information for two years.

B. The lower court’s sentence is too uneasible and unfair.

2. Determination

A. Part 1 of the Defendant case does not change the conditions of sentencing compared to the first instance court with respect to each of the alleged unfair sentencing claims by the Defendant and the prosecutor, and where the first instance court’s sentencing does not deviate from a reasonable scope, it is reasonable to respect such assertion (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions of the Defendant compared to the lower court, and even if all of the sentencing grounds in the instant argument were to be comprehensively taken into account, the lower court’s sentencing is too heavy or unhued, and thus, does not seem to have exceeded the reasonable scope of discretion. Each of the grounds for appeal by the Defendant and the prosecutor is without merit. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Protection of Children and Juveniles against Sexual Abuse provides that the disclosure and notification of personal information of all persons who committed sexual crimes in principle to defend our society from sexual crimes should be exempted only in exceptional circumstances where it is determined that such exemption should not be exceptional.

The age and character of the defendant, the records of the same crime more than twice, the time and circumstances of the crime of this case, the results and seriousness of the crime, and the disclosure and disclosure thereof, which are recognized by the evidence duly adopted and examined by the court below.