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(영문) 수원지방법원 2016.04.07 2016노526
미성년자의제강제추행
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant and his defense counsel (unfair sentencing) are against the mistake, that they committed contingent crimes under the influence of alcohol, that the victim’s contact address was changed, that they could not compensate for damage, that they faithfully performed their duties at the K plant after entry into the Republic of Korea on January 29, 2013, and that there are the disabled births and family members who should support the Thailand, the lower court’s sentence that sentenced one year and two months to imprisonment is too unreasonable.

B. Although the prosecutor (1) exempted the disclosure order or notification order of personal information to prevent unfair recidivism, the court below exempted the disclosure order of personal information without specific and clear grounds, it violates the purport of requiring the defendant who committed an indecent act by force under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes to simultaneously issue a notification order of personal information disclosure.

(2) In light of the fact that the crime of this case committed an unfair sentencing was committed by the Defendant with only four years of age, and the nature of the crime is not good, and that it did not recover from damage even though the damage was serious, such as mental shock, etc. suffered by the young, the sentence of the lower court is too uneasible and unfair.

2. Determination

A. According to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in principle, disclosure of personal information of a sex offender should be given to the public, and there are special circumstances that need not be given exceptional cases.

If it is judged, it shall be removed.

There is a special reason not to disclose personal information.

The Defendant’s age, i.e., “if determined.”

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