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(영문) 서울고등법원 2014.01.10 2013노3289
강간치상
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor's request with respect to the defendant's case and the case for which a request to attach an attachment order was made. Accordingly, since only the defendant appealed to the part of the defendant, the part of the judgment of the court below regarding the case for which a request to attach an attachment order

2. The court below's order of disclosure and notification of the summary of the grounds for appeal (unfair order of disclosure and notification) to the defendant for four years is unfair.

3. Determination as to whether a case constitutes “where there are special circumstances in which the disclosure of personal information is prohibited,” prescribed under Articles 37(1) and 41(1) proviso of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) as one of the grounds for exception to the disclosure order and notification order, should be made by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc., the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order or notification order, preventive effects against sexual crimes subject to registration, effects on the protection of victims of sexual crimes subject to registration, etc.

(See Supreme Court Decision 201Do16863 Decided February 23, 2012). The legislative intent and the following circumstances acknowledged by the evidence presented at the time of the lower trial, namely, ① the Defendant’s crime of this case was committed by a foreigner, a foreign victim, who became aware of through the Internet hosting, attempted to commit rape in the face of the travelling in Korea, and was in a very poor nature of the crime; ② the Defendant was sentenced to a suspended sentence of four years and six months for a period of two years and six months for the crime of indecent act by force against women who were only at the age club in 2004, and around March 201.

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