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(영문) 부산고등법원 2017.03.30 2017노19
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

. A prosecutor requested at the trial;

Reasons

1. Summary of grounds for appeal;

A. The punishment (20 million won and 40 hours ordered to complete a sexual assault treatment program) imposed by the lower court on the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court against the Defendant that was unfair in sentencing is too uneasible and unfair.

2) In light of the process, details, means, and methods of the instant crime committed by the Defendant, the lower court, which exempted the Defendant from disclosure or notification of personal information, did not err by misapprehending the legal doctrine on disclosure or notification of personal information, or by misapprehending the legal doctrine, although the Defendant’s exemption from disclosure or notification of personal information is likely to recommit a sexual crime.

2. Determination

A. As to the unfair argument of sentencing, many circumstances favorable to the defendant, which were shown in the proceedings of the court below and the trial at the court below, are favorable to the defendant (a confession of the crime in this case and reflects the mistake

In light of various circumstances that are disadvantageous to the defendant, including the fact that the defendant made a statement at the investigation stage, that the victim does not want the punishment of the defendant, that there is no criminal record against the defendant, and that the defendant seems to make efforts to prevent recidivism, such as receiving mental treatment after each of the crimes in this case, etc. (each of the crimes in this case committed by the defendant) and various unfavorable circumstances (each of the crimes in this case committed by the defendant was committed by a male under seven years of age through four times as stated in the judgment of the court below, and that the crime was committed by the defendant's sexual organ, in light of the course of the crime, details, means, and methods, and results, etc., of the crime, and that the nature of the crime is not weak in light of the crime, each of the crimes in this case committed by the defendant and each of the crimes in this case committed by the defendant are likely to adversely affect the victim to form a sound sexual identity and values in the future.

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