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(영문) 서울고등법원 2017.10.13 2017노1860
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the lower court (the year of the suspended sentence of two years and six months) is too unhued and unfair.

B. It is improper for the lower court to exempt the Defendant from issuing an order to disclose or notify personal information.

2. Determination:

A. In a case where there is no change in the conditions of sentencing compared to the first instance court’s unfair assertion of sentencing, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). Based on the foregoing legal doctrine, the lower court, based on the foregoing, determined the sentence by comprehensively taking into account all the circumstances favorable to the Defendant and disadvantageous circumstances, as stated in its reasoning.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering all the sentencing factors indicated in the argument of the instant case, such as the Defendant’s age, sexual conduct, motive and means of a crime, and circumstances after a crime, the lower court’s sentencing was too unfeasible and so it exceeded the reasonable scope of discretion.

It does not appear.

Therefore, the prosecutor's above assertion is without merit.

B. According to Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, a person who committed a sexual crime shall, in principle, disclose and notify the personal information of a person who committed a sexual crime to the public, and there are special circumstances that may not be an exception to disclosure and notification.

If it is judged, it shall be removed.

There is a special reason not to disclose personal information.

In the case of judgment, the issue of whether the defendant's age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, result, seriousness of the crime, etc., the characteristic of the crime, such as disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance, and this result.

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