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(영문) 대법원 2016.08.24 2016도6035
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the record in light of the records, there are special circumstances in which the court below shall not disclose personal information to the defendant.

It is reasonable to maintain the first instance judgment ordering the disclosure of information to the defendant for a period of three years, and there is no error in the misapprehension of legal principles as to "special circumstances for which the disclosure of personal information shall not be disclosed" as alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below is erroneous in the misapprehension of the legal principles on the sentencing is ultimately unfair.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

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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