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(영문) 부산고등법원 2016.04.20 2016노38
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence against an unfair defendant in sentencing (one year and six months of the suspension of execution, etc. in one year and six months) is too unhued and unfair.

(b) there are extenuating circumstances in which disclosure of personal information against an unjust defendant is prohibited from disclosure or notification order.

However, the lower court’s exemption from the disclosure notification order is unreasonable.

(c)

It is improper for the court below to dismiss the request for attachment order even if the defendant's rejection of the request for attachment order is recognized to pose a risk of recidivism.

2. Determination

A. We examine the unfair argument of sentencing. The crime of this case was committed by the defendant with disabilities of Grade 3, who committed an indecent act by force by the defendant with the chest of the victim who is a female juvenile of Grade 17 with intellectual disability, and the nature of the crime was very poor. The defendant's security guard of the apartment living in the victim seems to have been aware of the victim's disability condition for about four years, and the victim's mental suffering and shock seems to be reasonable. However, the defendant's mental suffering and shock are unfavorable to the defendant. Meanwhile, the defendant recognized the crime of this case and is in depth against the defendant, and the defendant does not want punishment against the defendant. The defendant does not want punishment against the defendant before the crime of this case, there was no other record of criminal punishment exceeding the defendant's age or fine, and considering the various sentencing conditions shown in the argument of this case such as the defendant's age, sex, family relationship, family relationship, etc., the sentence of the court below is too harsh and it is not deemed that discretionary power has been exceeded.

Therefore, the prosecutor's improper argument of sentencing is without merit.

B. As to the wrongful assertion of exemption from disclosure and notification orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the same Act.

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