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(영문) 서울고등법원 2014.12.04 2014노2890
준강제추행등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (one year and two months of imprisonment) imposed by the lower court on the Defendant and the respondent for the attachment order (hereinafter “Defendant”) is too unreasonable.

B. It is unreasonable for the lower court to order the Defendant to disclose or notify personal information.

2. Determination

A. There are favorable circumstances for the Defendant, such as the fact that the Defendant recognized the instant crime and reflects on the determination of unfair sentencing, and that the Defendant was sentenced to imprisonment for two and a half years at the Busan District Court on June 18, 2004 and had no record of punishment for the same kind of crime for at least seven years from October 11, 2006 on which the execution of the said punishment was completed.

However, the instant crime committed by the Defendant committed an indecent act against the victim by holding a tour guide, etc. in a foreign language, pretending that the Defendant was in possession of a travel guide, etc. in a foreign language, and committed an indecent act against the victim under the influence of drinking alcohol, and thus, the method of the crime is planned and the nature of the crime is poor. The Defendant committed the instant crime again despite the fact that the Defendant had already been punished twice due to quasi-rape and quasi-rape and quasi-rape, which had a very similar method of law, the Defendant committed the instant crime again; the Defendant was suffering from huge mental pain due to the instant crime; the Defendant was unable to take advantage of the victim up to the trial; the victim was wanted to take advantage of the Defendant’s severe punishment; the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; the means and consequence of the crime; and the circumstances after the crime, etc., it cannot be deemed that the Defendant’s punishment against the Defendant is too unreasonable.

This part of the defendant's assertion is without merit.

B. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse, which determine the illegality of disclosure and notification orders, are our society from sexual crimes.

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