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(영문) 서울고등법원 2017.10.26 2017노2344
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Improper sentencing of the lower court is deemed unreasonable.

B. It is unreasonable that the court below did not issue an order to disclose or notify the information to the defendant, in the absence of special circumstances that would not disclose the personal information of the defendant in violation of the disclosure or notification order.

2. Determination

A. In light of the fact that the Defendant committed an indecent act by force against a victim under the age of 13 and the nature of the offense is not good, strict punishment against the Defendant is required.

However, the defendant did not have the same criminal record, the defendant was sentenced to observe protection, community service order and order to attend a lecture together with the suspension of the execution of imprisonment, and compared with the original court, there was no change in the conditions of sentencing, and the sentencing of the original court exceeded the reasonable scope of discretion.

In light of the following facts: (a) the extent of the instant indecent act; (b) the Defendant’s age, sexual conduct and environment; (c) motive, means and consequence of the commission of the crime; and (d) the conditions of sentencing specified in the pleadings of the instant case, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable; and (d)

B. The lower court’s determination on the unjust assertion of disclosure and notification order 1) The following circumstances, i.e., the fact that the Defendant had no record of committing a sexual crime prior to the instant case, ii) the Defendant cannot be deemed to have committed the instant crime due to dynamic sexual desire, and iii) the Defendant’s personal information registration and the completion of sexual assault treatment program to a certain extent can be deemed to have an effect on the prevention of recidivism.

In full view of the defendant's age, family relationship, disclosure and notification order, the disadvantage and expected side effects that the defendant would suffer, and the prevention effect of sexual crimes that the defendant would achieve.

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