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(영문) 서울고등법원 2014.04.03 2013노3904
준강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. It is unfair that the court below ordered the disclosure or notification of the personal information of the defendant.

B. The sentence imposed by the lower court on the Defendant (three years of imprisonment, etc.) is too unreasonable.

2. Determination

A. As to the wrongful assertion of personal information disclosure and notification order, the crime in the judgment of the court below constitutes a sexual crime subject to the registration of personal information under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. The above Act and the Act on the Protection of Children and Juveniles against Sexual Abuse shall allow the disclosure and notification of personal information of a person who committed a sex offense subject to the registration, and shall be exempted only when it is judged that there is "special

However, in full view of the type, motive, process, consequence, and seriousness of the instant crime that can be recognized by the evidence duly adopted and examined by the lower court, and the degree and expected side effects of the disadvantage the Defendant may incur, which may be achieved by the order to notify disclosure of information, as well as the effectiveness of preventing sex crimes that may be achieved by the order, and the protection of victims, it is difficult to deem that there is “special circumstance” that the Defendant’s personal information should not be disclosed or notified.

Therefore, this part of the defendant's assertion is without merit.

B. As to the assertion on unfair sentencing, the Defendant’s mistake was against the Defendant’s trial, and there was no record of criminal punishment except for the violation of the Guarantee of Automobile Accident Compensation Act in 2007, and the victim does not have the punishment for the Defendant (the victim expressed his/her intent that “I do not want the Defendant’s punishment because he/she agreed with the Defendant solely with the Defendant,” through a written agreement drawn up as of March 10, 2014).

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