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(영문) 서울고등법원 2013.07.19 2013노1902
성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence of unreasonable sentencing is too unjustifiable and unreasonable.

B. It is unreasonable that the Defendant’s personal information is not disclosed even though the Defendant’s improper exemption from disclosure order and the respondent for attachment order (hereinafter “Defendant”) appear to be highly likely to repeat a crime.

C. It is unreasonable to dismiss a prosecutor's request for an attachment order even though it is deemed that the defendant's improper rejection of the attachment order is highly likely to repeat.

2. Determination

A. In full view of the following factors: (a) the Defendant recognized the instant crime; (b) has recognized the instant crime; (c) the Defendant has no criminal records other than the criminal records as indicated in the judgment of the court below; (d) the Defendant does not want punishment against the Defendant; (c) the victim does not want such punishment; and (d) the case and equity should be considered at the same time in relation to concurrent crimes as indicated in the latter part of Article 37 of the Criminal Act; and (d) the Defendant’s social ties are relatively vague; and (e) other various sentencing conditions indicated in the instant argument, including the Defendant’s age, character and behavior, family environment, motive and background of the crime, means and method of the crime; and (e) the circumstances before and after the crime, etc., the Defendant

B. The court below held that the defendant's age, occupation, family environment, social relationship, criminal record and recidivism risk, victim's intent, and preventive effect expected by the disclosure order, and any disadvantage and side effect of the defendant's personal information should not be disclosed, in full view of all circumstances, such as the defendant's age, occupation, family environment, social relationship, criminal record and recidivism, victim's intention, and the victim's preventive effect, and the resulting disadvantage and side effect. In light of the evidence duly adopted and investigated by the court below, the court below's aforementioned judgment is just and

C. The unjust assertion regarding the attachment order.

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