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(영문) 서울고등법원 2016.09.30 2016노2091
준강간미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the lower court to the Defendant (two years of suspended execution of one year and six months of imprisonment, and 40 hours of lectures to treat sexual assault) is too unreasonable.

B. Although there are special circumstances to prevent the defendant from disclosing or notifying the disclosure of personal information, it is unreasonable for the court below to order the disclosure of personal information.

2. Determination

A. As to the grounds for appeal of the unfair sentencing, the instant crime is likely to be criticized as having committed sexual intercourse with the victim, who was under the influence of alcohol, with the Defendant’s intent to bring the victim into the house.

Therefore, the victim seems to suffer from mental suffering.

However, the defendant is making confessions and is in depth against the defendant when he commits a crime in the first instance.

In addition, the instant crime was committed in an attempted attempt.

The victim does not want the punishment of the defendant by agreement with the defendant.

There are no criminal records for the defendant, and there is no history of punishment more than the suspension of execution.

In addition, comprehensively taking account of the following factors: Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., the sentencing of the lower court cannot be deemed unfair due to the lack of sentencing.

The defendant's ground of appeal on this part is without merit.

B. As to the grounds for appeal of unfair disclosure disclosure order, 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 shall, in principle, disclose and notify the personal information of all persons who have committed sexual crimes to defend our society from sexual crimes, and there are special circumstances that may not be an exception.

only if it is judged, it shall be exempted.

In this context, personal information shall not be disclosed, which is provided for as an exception to disclosure orders and notification orders.

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