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(영문) 수원지방법원 2016.10.06 2016노5155
강제추행
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that a defense counsel (unfair) recognized the Defendant’s mistake and reflects the fact that the Defendant was receiving a mental and medical treatment due to his or her early illness, and that the Defendant’s parents are leading, the sentence of the lower court that sentenced the Defendant to complete a sexual assault treatment program program for 6 months and 40 hours is too unreasonable.

B. It is unreasonable for the court below to exempt the prosecutor (1) from an order to disclose the registered information without specific and clear reasons, in light of the following: (a) there is a risk of recidivism in light of the contents of the crime committed by the

(2) In light of the fact that the crime of this case of unfair sentencing was committed on the new wall by the Defendant covering the victim on the street with her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her but her her her her her her her her her her her

2. Determination

A. According to 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, in principle, the disclosure and notification of personal information of a person who has committed a sexual crime to the public, and where it is deemed that there are special circumstances that may not be an exception, such exemption shall be exempted.

Whether a case constitutes "where it is deemed that there is a special reason not to disclose personal information" shall include the defendant's age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, result, seriousness of the crime.

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