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(영문) 서울동부지방법원 2018.03.29 2017노1699
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s unfair sentencing (4 million won in penalty, and 40 hours in order to complete a sexual assault treatment program) is too uneasible and unfair.

B. It is unreasonable for the lower court to exempt the Defendant from issuing an order to disclose or notify personal information, inasmuch as the risk of recidivism is high in light of the Defendant’s criminal method, attitude, etc. committed by the Defendant to be exempted from disclosure or notification of personal information.

2. Determination

A. Determination of the unfair argument of sentencing is a very active circumstance that the Defendant committed an indecent act, such as coercioning the victim by force, and that no agreement has been reached with the victim, etc. that are disadvantageous to the Defendant.

However, in full view of the following factors: (a) the Defendant reflects his mistake in depth; (b) the primary offender who has no record of the crime; and (c) the Defendant’s age, sex, family environment, motive and background of the crime; (b) the means and consequence of the crime; and (c) various sentencing conditions as shown in the argument in the instant case, such as the circumstances before and after the crime, etc., it is not recognized that the sentence imposed by

B. As to the unfair assertion of exemption from disclosure or notification order, under 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, there are special circumstances that may not be an exception to disclosure or notification of personal information on a sex offender, etc.

If it is judged, it shall be removed.

There is a special reason not to disclose personal information.

In the case of judgment, the issue of whether the defendant constitutes "the defendant's age, occupation, risk of recidivism, etc., the characteristic of the offender, such as the type, motive, process, result, seriousness of the crime, etc., the characteristic of the crime, and the degree of disadvantage suffered by the defendant due to the disclosure order or notification order.

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