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(영문) 서울고등법원 2016.09.09 2016노497
강요등
Text

The part of the case of the defendant and the judgment of the court below No. 2 are reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant and Defendant 1 and Defendant 2 requested to attach an attachment order) The each sentence of the lower court (the first sentence: imprisonment with prison labor for five years and the second sentence: imprisonment with prison labor for one year) is too unreasonable.

2) Unless the Defendant and the person who requested an attachment order (hereinafter “Defendant”) disclose or notify the personal information of the Defendant and the person who requested the attachment order (hereinafter “Defendant”), it is unreasonable to order the first instance court to disclose or notify the Defendant’s personal information for a period of six years.

B. The prosecutor (the judgment of the court below No. 1) sentenced by the first instance court to the defendant in the part of the defendant's case (unfair sentencing) is too uneasible and unfair.

2) The Defendant had the record of having been punished for committing the crime, such as taking a female-friendly female head of the sexual relationship and photographing the head of the sexual intercourse even before the application for an attachment order. The instant crime also took a sexual intercourse with the victim of sexual intercourse with the victim of sexual intercourse with the victim of sexual intercourse with the victim of sexual intercourse with the other similar method, and thus, the Defendant is fully aware of the risk of recidivism following the sexual crime, in light of the background, method and means of the crime, and form of the act, etc.

In addition, the evaluation of the risk of recidivism against the defendant constitutes "highness".

Nevertheless, the lower court’s dismissal of the request for the attachment order of this case is unreasonable.

2. Determination

A. As to the Defendant’s unfair assertion of disclosure or notification order, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse, in principle, requires the disclosure and notification of personal information of a person who committed a sexual crime to defend our society from sexual crimes, there are special circumstances that may not be an exception.

only if it is determined, it shall be exempted.

It can be recognized by the evidence duly adopted and investigated by the first instance court.

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