logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.11.11 2016노2692
유사강간
Text

Defendant

In addition, both the appeal by the person requested to attach an attachment order and the appeal by the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”)

(2) At the time of committing the instant crime, the Defendant was in a state of mental and physical disability due to drinking, sexual intercourse, and lelicopic depression. (2) In particular, there are special circumstances to exempt the Defendant from the disclosure notification order.

3) The lower court’s sentence of unreasonable sentencing is too unreasonable and unfair. (b) Although the Defendant’s rejection of an attachment order is likely to recommit a sexual crime, it is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order of an electronic tracking device against the Defendant.

2 The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. According to the record as to the Defendant’s claim of mental disability, it is not deemed that the Defendant was in a state of drinking alcohol at the time of committing the instant crime, and that the Defendant was diagnosed by a sexual intercourse and a pulpy, etc. after the instant crime, even though it is recognized that the Defendant was in a state of lacking the ability to discern things or make decisions due to drinking, sexual intercourse, and emulculation, etc., by taking into account the following factors: (a) the background and motive leading up to the instant crime; (b) the means and method of committing the instant crime; (c) the Defendant’s act before and after the commission of the crime; and (d) the details and attitude of the statements made in an investigative agency and the lower court and in

Therefore, this part of the defendant's argument is without merit.

B. 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 shall, in principle, disclose and notify the personal information of a person who has committed a sexual crime to the public, be exempted only when there are special circumstances that may not be an exception.

arrow