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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 was committed by the Defendant following the victims who were juveniles and committed an indecent act against the victims by force, and that the crime was not good, strict punishment against the Defendant is required.
However, considering the following factors: (a) the Defendant’s mistake is divided; (b) there is no previous conviction for the Defendant; (c) the victims do not want the Defendant’s punishment upon the agreement with the victims; and (d) the conditions of sentencing specified in the instant argument, such as the Defendant’s age, sex and environment; (b) motive, means and consequence of the crime; and (c) the circumstances after the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable. Therefore, the Prosecutor’s allegation in this part
B. The lower court’s judgment on the ground that there was no record of punishment against the Defendant for sexual crimes, i.e., the following circumstances acknowledged by comprehensively taking account of the adopted evidence, i.e., ① there was no record of punishment against the Defendant for sexual crimes, and ② the circumstance indicated in the process of the instant crime or the record alone, there is a possibility that the Defendant has
In full view of the fact that it is difficult to conclude that the personal information of the defendant is disclosed, ③ the profits and preventive effects expected by the disclosure and notification order, and the disadvantages and side effects therefrom, there are special circumstances that may not be disclosed.
Based on the judgment, the defendant did not issue an order to disclose or notify information to the defendant.
2) The Act on the Protection of Children and Juveniles against Sexual Abuse, Etc., to be judged on the basis of party deliberation.