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(영문) 서울고등법원 2016.02.18 2015노3538
유사강간등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order are dismissed.

Reasons

The sentence of the Defendant’s improper sentencing with the summary of the grounds for appeal by the lower court, which the lower court sentenced to the Defendant and the person who requested the attachment order (hereinafter “Defendant”) (hereinafter “Defendant”), is too unreasonable.

When personal information of the accused is disclosed or notified to the public, he/she may give severe inconvenience, disadvantage and mind to the family members living together with the accused, such as unmarried daughters.

The necessity of disclosure and notification of personal information and disadvantage caused by it is greater than the public interest.

Therefore, it is unfair that the court below ordered the defendant to disclose or notify personal information.

Although the defendant's risk of recidivism in the case of the attachment order is considerably low, it is unreasonable for the court below to order the defendant to attach an electronic tracking device.

Judgment

The circumstances are favorable to the defendant, such as the fact that the defendant was the first offender without any previous conviction, the fact that all of his criminal acts are recognized, and the depth of his criminal acts is reflected, the victims' deposit of KRW 8 million for F, and KRW 2 million for G, etc.

On the other hand, each of the crimes of this case was committed by the defendant, who had been working as a pastor by 2014, in E, in the English language against the students.

The crime of sexual assault against all female students is very bad, and the defendant has committed a continuous and repeated crime for a period of not less than four months using his/her occupation. Three of the victims is a minor under the age of 19, and one of them is less than 20, and it seems that he/she suffered a huge physical and mental suffering to the extent that he/she could be unable to recover from the criminal act of the defendant who has trusted himself/herself. Nevertheless, the fact that the defendant has not yet received a letter from the victims is disadvantageous to the defendant.

The above circumstances and other circumstances.

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