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(영문) 부산고등법원 2017.12.21 2017노575
강간등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (a punishment of three years and six months, etc.) is too unreasonable.

B. A prosecutor 1) Although there is a very high risk of re-offending in light of the process, content, means, and consequence, etc. of rape committed by an improper defendant who is exempted from disclosure or notification of personal information, and the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.), the lower court exempted the disclosure or notification of personal information of the Defendant for reasons indicated in its holding. The lower court erred by misapprehending the legal doctrine on the disclosure or notification of personal information, or by misapprehending the

2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.

2. Determination

A. As to the prosecutor’s assertion that exemption from disclosure and notification of personal information is unfair, the lower court, on the grounds stated in its reasoning, has special circumstances that the disclosure and notification of personal information of the Defendant may not be disclosed or notified.

In addition, the defendant exempted the disclosure and duty of disclosure of personal information against the defendant.

Examining the judgment of the court below in comparison with the evidence duly adopted and examined (where the defendant has no record of punishment for sexual crimes, considering that he/she has no record of punishment for sexual crimes), the judgment of the court below is just and acceptable, and there is an error of law as alleged by the prosecutor.

Therefore, this part of the prosecutor's assertion is without merit.

B. As to both parties' unfair argument of sentencing, many circumstances unfavorable to the defendant, which were shown in the court below's and the trial proceedings (each of the crimes of this case committed by the defendant, is rapeed by the victim intending to engage in sexual traffic under the same circumstances as the facts stated in the facts constituting the crime in the court below's judgment, the process was taken by using the defendant's smartphone camera, and the victim was notified of the injury of rape.

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