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(영문) 대법원 2018.06.28 2018도6203
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In full consideration of the circumstances indicated in the records, such as the Defendant’s age, occupation, type of crime, criminal process, and result, it is justifiable for the lower court to maintain the first instance judgment that sentenced the disclosure order and notification order for a period of seven years on the ground that there are no special circumstances that the Defendant may not disclose personal information.

There is no error of law as alleged in the grounds of appeal.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, and in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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