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(영문) 부산고등법원 (창원) 2013.04.26 2013노70
강간치상
Text

The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for three years.

information about the defendant for three years.

Reasons

1. Summary of grounds for appeal;

(a) The punishment sentenced by the first instance court to the accused (four years of imprisonment) is too unreasonable;

(b) It is unreasonable that the first instance court orders the defendant to disclose or notify personal information.

2. Determination

A. As to the assertion of unfair sentencing, the Defendant is found to have a disadvantageous elements of sentencing, such as rape once a victim who is an elderly person living in adjoining areas, rape again by having the victim, and the victim was injured during the course of rape, and the victim was injured thereby, and the method and nature of the crime are very poor, and the mental damage suffered by the victim appears to be very high.

However, it is also recognized that there are more favorable factors of sentencing, such as the fact that the defendant has committed a crime against the wrongness and wrongness, drinking alcohol and seems to have committed an contingent crime, the fact that there is no criminal record above the previous one or suspended execution, and the victim has been in the past and in the past, and that he does not want to revoke the complaint against the defendant and to punish the defendant.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and other circumstances revealed in pleadings, it is deemed that the sentence sentenced by the first instance court is too unreasonable.

Therefore, the defendant's above assertion is justified.

B. As to the unlawful assertion of disclosure or notification order, the instant crime constitutes a sexual crime subject to disclosure order, and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, in principle, requires the disclosure of personal information of the person who committed the relevant crime, and is exempt from such disclosure or notification order only in cases where there are special circumstances that cannot be an exception.

The type, motive, process, result, seriousness of the crime, disclosure and notification order as shown in the records of this case.

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