(영문) 서울고등법원 2013.10.10 2013노1428 | 리걸엔진

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(영문) 서울고등법원 2013.10.10 2013노1428

성폭력범죄의처벌등에관한특례법위반(강간등치상)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

For a period of 10 years, the information on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the requester for medical treatment and custody as well as the requester for attachment order (hereinafter “Defendant”) were under the influence of alcohol at the time of the instant crime and were in a state of mental disability.

B. An order to disclose personal information and an order to attach an electronic tracking device is against the crime of this case, and the victim does not want the punishment of the defendant, and it is difficult to view that there is a risk of re-offending because social relation is clear. Thus, it is too harsh punishment to order the attachment of an electronic tracking device for ten years.

C. The sentence imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the part of the Defendant case: (i) according to the statement on the Defendant of the Medical Treatment and Custody Director’s written mental appraisal by a request for a mental diagnosis of the trial of the case, treatment of the Defendant is necessary for alcohol abuse; and (ii) at the time of committing the instant crime, it can be recognized that the Defendant was in a state of lacking physical judgment and decision-making capacity under

Nevertheless, the judgment of the court below that the defendant committed the crime of this case in a normal mental state is erroneous in the misapprehension of facts.

Therefore, this part of the defendant's argument is justified.

The crime of the judgment below with respect to the unjust disclosure of the information on the sexual crime is a sex offense subject to registration under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse provide that a person who has committed a sex offense subject to registration shall be exempted from disclosure of the personal information only when it is judged that there is

However, the evidence duly adopted and examined by the court below.

유사 판례

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