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(영문) 서울고등법원 2016.03.24 2015노3149
준강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

For a period of five years, information about the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court is too inappropriate.

B. It is unreasonable for the lower court to order the disclosure and notification of the information of the Defendant for a period of ten years, even in extenuating circumstances where the disclosure of personal information of the Defendant and the person who requested an attachment order (hereinafter “Defendant”) should not be disclosed.

(c)

It is unfair that the court below ordered the defendant to attach an electronic tracking device for a period of 10 years, although the defendant was not in danger of sexual assault and recidivism.

2. Determination

A. Part 1 of the case of Defendant 1) In light of the fact that the Defendant again committed the instant crime during the period of probation even though he had the same criminal record, and that the instant crime was committed twice by the Defendant, who is in an impossible condition to resisting from alcohol, and that the nature of the crime is not good, strict punishment against the Defendant is required.

However, when considering the defendant's age, sex and environment, motive, means and consequence of the crime of this case and the conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the punishment of the court below is too unreasonable, so this part of the defendant's assertion is justified.

2) The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse, in principle, requires disclosure and notification of personal information of all persons who have committed sexual crimes to defend our society from sexual crimes, and there are special circumstances that may not be an exception to such disclosure and notification.

only if it is determined, it shall be removed.

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