(영문) 대전고등법원 2020.01.31 2019노421 | 리걸엔진

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(영문) 대전고등법원 2020.01.31 2019노421

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등

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All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) Since the risk of recidivism is high, the Defendant should disclose and notify the Defendant’s personal information. 2) The lower court’s sentence of unfair sentencing (one-year imprisonment, etc.) is too minor.

B. The Defendant’s punishment is too heavy.

2. Determination on the part of the defendant's case

A. The lower court determined that there are special circumstances in which the Defendant may not issue an order to disclose or disclose personal information to the Defendant, considering the following as a whole: (a) the Defendant has no history of criminal punishment for sexual crimes in the past; (b) the details and methods of the instant crime; (c) the Defendant’s punishment and electronic tracking device attachment order to the Defendant; (d) the registration of personal information; and (e) the employment restriction order to a certain extent; (b) the Defendant’s personal information is likely to be exposed to the victim’s personal condition, which is his/her subordinate, if disclosed and notified; and (c) the risk of secondary damage to the victim cannot be ruled out in the process; and (d) the Defendant’s age, occupation, environment, family relationship, social relation, disclosure or notification order; and (e) the degree and anticipated side effect of the disadvantage the Defendant would be achieved due to such order; and (e) the preventive effect and effect of the sexual crime that

Examining the above judgment of the court below in a thorough comparison with the evidence adopted by the court below and the various materials shown in the records, we accept the prosecutor's assertion and consider the prosecutor's assertion.

However, there seems to be no other determination.

Therefore, the prosecutor's assertion on this part is not accepted.

B. We examine both the judgment on the assertion of unfair sentencing and the Defendant’s assertion of unfair sentencing.

The court below should protect the defendant as a part of the victim so that the victim can grow up happy and safely.

유사 판례

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