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(영문) 부산고등법원 2014.09.03 2014노329
강간미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, three years of suspended execution, probation, and 40 hours of sexual assault treatment lectures) is too unfeasible and unfair.

B. The court below's failure to issue an order to disclose or notify personal information to the defendant, although there are no special circumstances to prevent the defendant from disclosing or notifying the personal information.

2. Determination

A. The instant crime on the assertion of unfair sentencing is an unfavorable circumstance to the Defendant, where the Defendant attempted to rape the victim, and the nature of the crime is not weak, and the Defendant did not receive a letter from the victim.

However, in full view of the following factors: (a) the Defendant committed the instant crime while committing the instant crime; (b) the Defendant appears to have committed the instant crime in a contingent manner in the process of taking the victim’s house while drinking together with the victim; (c) the Defendant committed the instant crime; (d) the Defendant attempted to commit the instant crime; (c) the Defendant did not have any other criminal history than sentenced to a fine due to drinking driving; (d) there was no history of sexual crime; and (e) the Defendant’s age, character and conduct and environment; (e) motive, means and consequence of the instant crime; and (e) other factors of sentencing specified in the instant pleadings, such as the circumstances after the commission of the crime, it is not recognized that the

Therefore, this part of the prosecutor's argument is without merit.

B. The instant crime constitutes a sexual crime subject to registration under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. However, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall, in principle, disclose and notify the personal information of a sex offender.

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