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(영문) 서울고등법원 2017.10.26 2017노2345
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Improper sentencing of the lower court is deemed unreasonable.

B. It is unreasonable that the court below did not issue an order to disclose or notify the information to the defendant, in the absence of special circumstances that would not disclose the personal information of the defendant in violation of the disclosure or notification order.

2. Determination

A. In light of the fact that the crime of this case with respect to the wrongful assertion of sentencing is an indecent act by force against a victim who was locked by intrusion into the room possessed by the damaged person while cleaning water purifiers and the nature of the crime is not good, strict punishment against the Defendant is required.

However, if considering the defendant's age, sex and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the court below's punishment is too unjustifiable and thus unfair, the prosecutor's allegation in this part is without merit. It is not reasonable to view that the prosecutor's order in this part is unreasonable.

B. The lower court’s determination on the unjust assertion of disclosure and notification order 1) The following circumstances, namely, ① the Defendant has no record of having been punished for a sex offense, ② the Defendant reflects his/her mistake, ③ the registration of personal information of the Defendant, and taking lectures in the treatment of sexual assault, which are recognized by comprehensively taking account of the adopted evidence, may have the effect of preventing re-offending.

In full view of the facts and circumstances leading up to the instant crime, the disclosure and notification order to the Defendant, the side effects and expected side effects that the Defendant would suffer, and the prevention effects of sexual crimes that could be achieved thereby, the personal information of the Defendant.

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