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(영문) 부산고등법원 2015.08.12 2015노307
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of KRW 40,00,000, etc.) on the Defendant and the person against whom an order to attach an electronic device was requested (hereinafter referred to as the “Defendant”) is too uneasible and unreasonable.

B. In light of the nature of the crime committed in this case during the period of disclosure and notification order and the risk of recidivism recognized by the Defendant, the lower court’s order to disclose and notify the Defendant’s personal registration information for two years is too short and unfair.

C. It is unreasonable for the court below to dismiss the request for attachment order of this case, since the defendant's rejection of the request for attachment order of this case is recognized as a risk

2. Part of the defendant's case

A. As to the assertion on unfair sentencing, the crime of this case is committed by the defendant with the 10-year female her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her but her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

B. According to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Articles 49(2) and (1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the disclosure period of registered information shall be effective, etc.

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