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(영문) 대구고등법원 2020.08.19 2020노175
준강간등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Considering the importance of the crime of disclosing and notifying personal information, and the degree of damage, it is improper for the lower court to exempt the Defendant from the order of disclosing and notifying personal information and the order of restricting employment.

B. Unreasonable sentencing (Defendant and Prosecutor) 1) Defendant 2’s imprisonment (two years and six months of imprisonment) is too unreasonable. 2) Defendant 2’s imprisonment is too unreasonable.

2. Determination

A. As to the prosecutor’s unfair assertion of exemption from the disclosure and notification order of personal information and employment restriction order, the court below exempted the defendant’s personal information from disclosure and notification order by comprehensively taking into account the following factors: (a) the disclosure and notification order of personal information may seriously affect the defendant; (b) there is no record of criminal punishment; (c) the defendant is not subject to criminal punishment; (d) the crime in this case is not subject to multiple unspecified persons; and (e) the defendant’s age, family relation, social relationship; (e) motive for the crime; and (e) the method and consequence of the crime; (e) the degree of disadvantage and anticipated side effects of the defendant’s entry due to disclosure and notification order and employment restriction order; and (e) the prevention of sexual crimes subject to registration and the effect of protecting the victims thereof; and (e) the court below exempted the defendant’s personal information disclosure and notification order or the restriction order.

In full view of the various circumstances revealed in the records and arguments of this case, the above judgment of the court below is acceptable, and there is no error as otherwise alleged by the prosecutor.

Therefore, the prosecutor's assertion on this part is not accepted.

B. As to the assertion of unreasonable sentencing by the Defendant and the prosecutor, the instant crime is in a state of failing to resist by the Defendant under the influence of alcohol.

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