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(영문) 서울고등법원 2017.02.09 2016노3638
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court is too inappropriate.

B. It is unreasonable for the lower court to order the disclosure and notification of the Defendant’s information for a period of three years, even though there are special circumstances that would not disclose the Defendant’s personal information in violation of the disclosure and notification order.

2. Determination

A. It is recognized that the defendant made a judgment on the unfair argument of sentencing, and the confession of the crime of this case and his mistake are divided, and that the defendant agreed with the victim.

However, the crime of this case is an indecent act committed by the Defendant by intrusion upon the victim's dwelling room as a general manager of the room room room room room room room room, using the victim's living condition, and the nature of the crime is not good. The crime of this case showed considerable mental suffering and pain to the victim due to the crime of this case, and considering the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime after the crime, the sentence of the court below is too unreasonable. Thus, this part of the defendant

B. 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, in principle, requires disclosure and notification of personal information of all persons who have committed sexual crimes in order to defend our society from sexual crimes, and there are special circumstances that may not be an exception to such disclosure and notification.

only if it is judged, it shall be exempted.

Here, there are special circumstances in which personal information shall not be disclosed, as provided for in the exception of the disclosure order and the notification order.

In the case of judgment, the issue of whether the defendant constitutes "a crime" shall include the defendant's age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, result, seriousness of the crime.

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