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(영문) 대구고등법원 2015.05.07 2015노7
유사강간
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years;

3. Sexual assault against the defendant for 100 hours.

Reasons

1. Summary of grounds for appeal;

A. There are special circumstances to exempt the accused from disclosure and notification orders, in a case where such disclosure and notification orders are unfair.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. In principle, personal information on a person who has committed an unfair assertion of disclosure or notification order shall be exempted only where it is deemed that there are special circumstances that would not be an exception to disclosure and notification, while disclosing and notifying the same.

Considering the type, motive, method and content of the instant crime as indicated in the record, the severity of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure and notification order, the prevention effect of sexual assault crimes that may be achieved therefrom, and the protection effect of the victim, etc., it is difficult to deem that there are special circumstances where the Defendant may not disclose or notify personal information.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion on unreasonable sentencing, the instant crime committed by the Defendant, at the home of the victim, who is a working partner, drinks the victim with alcohol, and then put the victim’s fingers into the sound book of the victim and put them into a similar rape, and the method and quality of the crime are very poor.

Defendant committed the above crime without being aware of it even during the period of repeated crime, and did not recover from damage to the victim.

The above circumstances are the circumstances in which the defendant's responsibility is heavy.

However, there are circumstances that the defendant should consider as the factors of positive sentencing as follows.

The crime of this case seems to have been committed by the defendant under the influence of alcohol.

At the time of the above crime, the Defendant retired from office and did not proceed to a more severe crime.

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