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(영문) 서울고등법원 2013.08.22 2013노1453
성폭력범죄의처벌등에관한특례법위반(장애인에대한준강간등)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for six years.

. Information on the Defendant.

Reasons

1. Summary of grounds for appeal;

A. (i) The sentence imposed by the lower court on the Defendant and the respondent for an attachment order (hereinafter referred to as “Defendant”) is too unreasonable.

Shebly, it is unreasonable to order the court below to disclose and notify the defendant's personal information, even though the defendant's improper order to disclose personal information could not be deemed to pose a risk of recidivism.

B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device, although the Defendant does not pose a risk of recommitting a crime.

2. Determination

A. As to the assertion of unreasonable sentencing against the accused case, the crime of this case is deemed to be inferior in light of the subject of the crime and the content of the crime.

However, in full view of the following factors: (a) the Defendant led to the confession of the instant crime; (b) the Defendant did not use violent means, such as assault and intimidation; and (c) the circumstances leading to the instant crime; and (d) the Defendant’s age, character and conduct, family environment; (b) motive and circumstance leading to the instant crime; and (c) the circumstances leading to the instant crime before and after the instant crime, etc., the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s allegation is reasonable.

B. As to the unlawful assertion of the disclosure of personal information of the accused case, the instant crime constitutes a sexual crime subject to registration under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that the disclosure and notification of personal information of the accused person shall, in principle, be exempted only when it is determined that there exists a “special circumstance” which shall not be

However, the crime of this case can be recognized by the evidence duly adopted and examined by the court below.

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