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(영문) 서울고등법원 2014.06.19 2014노913
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The sentence (two years of suspended execution in six months of imprisonment) imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter referred to as “Defendant”) is unreasonable as it is too uneasible.

(2) The court below's failure to issue an order for disclosure or notification of personal information to the defendant is unreasonable, in the absence of special circumstances, not to disclose or notify the personal information to the defendant in violation of an order for disclosure or notification.

B. It is unreasonable for the court below to dismiss the Defendant’s request for the attachment order of this case even though it is necessary to attach a location tracking device in light of the Defendant’s risk of recidivism.

2. Determination

A. In light of the fact that the Defendant continuously committed an indecent act against the victim in an employment relationship for a considerable period of time, the Defendant’s liability for the crime cannot be deemed to be negligible.

However, in light of various sentencing conditions in the record, including the Defendant’s initial crime, and later, the confession of the instant crime and the depth of the instant crime, the fact that the Defendant did not focus on tangible power or the degree of indecent conduct, the Defendant deposited KRW 5 million against the victim to recover damage, and the victim was paid the above deposit in the first instance court, and other sentencing conditions in light of the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, the means and consequence of the crime, the circumstances after the crime, etc., it cannot be said that the lower court’s punishment against the Defendant is too unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

(2) The instant crime constitutes a sexual crime subject to registration under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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