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(영문) 부산고등법원 (창원) 2015.06.17 2015노147
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the court below on unreasonable sentencing (three years of imprisonment, etc.) is too unreasonable.

B. It is unreasonable for the lower court to order the Defendant to disclose and notify personal information.

2. Determination

A. In addition, the lower court’s sentencing (which is written in detail in the 4 and 5 pages of the original judgment) on the assertion of unfair sentencing is justifiable in light of the statutory penalty for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (limited to imprisonment of not less than five years, a fine of not less than 30 million won but not more than 50 million won) and the applicable sentences, previous criminal records, sentencing guidelines, and other sentencing cases, etc., as well as the sentencing materials added in the trial are not heavier than that to be reversed even if they are added.

(In full view of the evidence duly adopted and examined by the original court and the rules of evidence, the defendant's intent to commit indecent act by compulsion is recognized). (B)

The instant criminal act constitutes a sexual crime subject to disclosure order and notification order. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that a person who committed a sexual crime shall disclose and notify the personal information of the person who committed the sexual crime in principle, and that there is no special circumstance to be exempted from disclosure order.

Considering the type, motive, process, consequence, seriousness of the crime of this case as indicated in the record, the degree and expected side effects of the defendant's disadvantage due to the disclosure and notification order, the prevention effect and effect of sexual assault crime that can be achieved therefrom, the protection effect of the victim, and the fact that the defendant has been sentenced to a four-year imprisonment due to sexual assault even in 200, etc., it is difficult to view that there are special circumstances that may not disclose and notify the personal information of the defendant. Thus, the court below ordering the defendant to disclose and notify the personal information.

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