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(영문) 서울고등법원 2016.07.21 2016노1248
유사강간등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court is too inappropriate.

B. It is unreasonable for the lower court to order the disclosure and notification of the Defendant’s information to the public for a period of five years, even in extenuating circumstances that would not disclose the Defendant’s personal information.

2. Determination

A. It is recognized that the Defendant’s mistake in determining the unfair argument of sentencing is divided.

However, the Defendant again committed the instant crime during the period of repeated crime even though he had been tried for the same kind of crime, and the instant crime was committed again during the period of repeated crime. The Defendant committed the instant crime, resulting in injury to the victim, resulting in an attempted rape, and the quality of the crime is not good. The Defendant committed the instant crime, resulting in considerable mental suffering and suffering to the victim, and did not agree with the victim up to the time of the trial, and the Defendant did not agree with the victim. In addition, considering the Defendant’s age, sex and environment, motive, means and consequence of the instant crime, the Defendant’s punishment is too unreasonable, and this part of the Defendant’s assertion is not reasonable.

B. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse, in principle, requires disclosure and notification of personal information of all persons who have committed sexual crimes in order to defend our society from sexual crimes, and there are special circumstances that may not be an exception to such disclosure and notification.

only if it is judged, it shall be exempted.

Here, there are special circumstances in which personal information shall not be disclosed, as provided for in the exception of the disclosure order and the notification order.

The issue of whether a case constitutes “the Defendant’s age, occupation, risk of recidivism, etc.”

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