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(영문) 서울고등법원 2016.03.17 2016노11
미성년자의제강간등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uncomfortable.

2) It is unreasonable that the lower court did not issue an order to disclose or notify the information to the Defendant, even though there are no special circumstances that would not disclose the personal information of the Defendant in violation of the disclosure or notification order.

2. Determination

A. It is recognized that the defendant's wrong judgment on the unjust argument of sentencing between the defendant and the prosecutor is divided, and that the defendant is the first offender.

However, the crime of this case is committed by the defendant's sexual intercourse and indecent act with the victims who are under 13 years of age at the same place, and the physical part of the defendant's body in the victim's sexual intercourse and indecent act is not very good. The defendant did not agree with the victims until the victim was in mind. Considering the defendant's age, sexual conduct and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the argument of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is deemed appropriate, and it cannot be deemed unfair because it is too heavy or unreasonable. Thus, the above assertion by the defendant and the prosecutor is without merit.

B. The lower court’s determination on the prosecutor’s improper assertion of disclosure and notification order 1) The following circumstances, i.e., ① the Defendant with no history of sex offense, ② the Defendant’s punishment and the registration of personal information, which appear to have the effect of preventing recidivism to a certain extent solely on the completion of sexual assault treatment programs and the registration of personal information, ③ there are special circumstances in which disclosure of the Defendant’s personal information may not be disclosed in light of the benefits and preventive effects expected from disclosure and notification order, and disadvantages and side effects therefrom, etc.

judgment, the defendant.

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