logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2017.06.15 2017노90
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. In a case where there is no change in the sentencing conditions compared to the lower court’s judgment on the unfair argument of sentencing, and where the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). This court did not submit a new sentencing data to be considered disadvantageously against the Defendant and the person who requested the attachment order (hereinafter “Defendant”).

In addition, in light of the fact that the defendant has led to the confession and reflect of all crimes, and that the defendant has reached an additional agreement with the victim E, even if considering all the unfavorable circumstances of the defendant as shown in the records and pleadings, the sentence of the court below was too unhued and exceeded the reasonable scope of discretion.

shall not be deemed to exist.

We do not accept the prosecutor's argument that the sentencing of the court below is unfair.

2. In general, considering the background, place, etc. of the crime of determining whether to exempt the disclosure or notification of personal information from disclosure or an order to disclose such information, it appears that the crime, such as forced indecent conduct, has occurred as a result of a sex offense.

It is difficult to conclude that the defendant is taking lectures to treat sexual assault to a considerable extent to prevent recidivism by ordering the defendant to take such lectures.

Comprehensively taking account of the various circumstances revealed by the court below, there are special circumstances in which disclosure or notification of personal information of the defendant should not be made.

The decision is judged.

It is justifiable that the court below exempted the defendant from issuing an order to disclose and notify personal information.

This part of the Prosecutor's argument is not accepted.

3. The judgment of this court regarding the request for attachment order is affirmed by the court below that sentenced the suspension of execution of imprisonment with prison labor for the facts constituting the cause of the request for attachment order. Thus, the request for attachment order must be dismissed in accordance with Article 9(4)4 of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, Etc.

arrow