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(영문) 수원고등법원 2020.08.13 2020노159
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant") by the court below on unreasonable sentencing

The sentence sentenced to imprisonment (one year of imprisonment, etc.) is too unreasonable (the defendant has asserted misunderstanding of facts and misapprehension of legal principles in the initial appellate brief, but the defendant has withdrawn his claim on the second appellate trial date.

2) Although there is no risk of recommitting sexual crimes, the lower court’s order that the Defendant disclose personal information for three years is unreasonable.

B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for 20 years, although the Defendant did not pose a risk of recommitting a sexual crime.

2. Determination

A. The circumstances favorable to the Defendant are as follows: (a) the Defendant, while denying part of each of the instant crimes at the lower court’s lower court’s judgment on the allegation of unfair sentencing regarding the instant case; (b) recognized all of the instant crimes at the appellate court; and (c) the Defendant appears to have committed a mistake; (d) there was a disability of Grade III with intellectual disability; and (e) the Defendant did not directly assault

However, while recognizing that the defendant, who became aware of the Internet website, by threatening the victim, who is a high school student, to force the victim to have sexual relations with the defendant, the victim's obscene images posted at the open opening opening room by the direction of the victim, are stored in the defendant's handphones, and the victim's act of similarity is committed in collusion with the victim's name in secret and impliedly, by accepting the harmful act of the victim's name in secret, the victim's cell phone is taken, the victim's cell phone is searched, the victim is raped, and the change in personal information is not reported even though the victim is a person subject to the registration of personal information.

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