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부산지방법원 2013.11.15 2013노2528
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of the original judgment (two months of imprisonment and two years of suspended execution) is too unreasonable.

2. In full view of the judgment below, the defendant recognized the crime of this case and reflects the depth thereof, the defendant was the first offender, the defendant deposited 25 million won as damages for the victim, and the defendant's age, occupation, and all other matters concerning the sentencing as shown in the records and arguments of this case, since the punishment of the court below is deemed unfair, the defendant's assertion is justified.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article on criminal facts, and Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a conviction of a defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the defendant is obligated to submit personal information to the competent agency pursuant to Articles 5(1) and 43 of the

However, an order to disclose or notify the registered information needs to be careful in that it may have a significant impact on the defendant, and in this case, it is judged that there are special circumstances that may not disclose the registered information, such as where the registration of personal information alone appears to have an effect to prevent recidivism of the defendant. Therefore, it does not issue an order to disclose or notify the registered information.