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(영문) 서울고등법원 2016.04.28 2016노136
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the requester for the attachment order (1) the lower court’s improper sentencing is too unreasonable.

2) It is unreasonable to order the court below to disclose and notify the defendant's information for a period of four years, despite special circumstances that the disclosure of personal information of the defendant and the person who requested an attachment order (hereinafter referred to as the "defendant") against the improper defendant of the disclosure and notification order.

3) It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for a period of four years, even though the Defendant did not have the risk of recidivism and recidivism of sexual crime.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. The instant crime of determining the illegality of sentencing by the Defendant and the Prosecutor requires strict punishment against the Defendant, taking into account the following: (a) the Defendant’s indecent act by force against the Victim C, F, and the VictimJ, which is a juvenile, and obstructed the Victim L by force; (b) the nature of the crime is not good; and (c) the Defendant did not agree with the victims until the Defendant was in the trial.

However, considering the fact that the defendant has divided his mistake, that there is no criminal conviction for the defendant, the degree of each indecent act in this case, and other various conditions of sentencing as shown in the arguments in this case, such as the age, sex and environment of the defendant, motive, means and consequence of the crime, etc., the sentence imposed by the court below is deemed appropriate, and it is not unfair because it is too heavy or unreasonable. Thus, the above argument by the defendant and the prosecutor is without merit.

B. As to the Defendant’s wrongful assertion of disclosure and notification order, there are special circumstances that may not disclose personal information, as stipulated under the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, as an exception to disclosure and notification order.

(b) make decisions;

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