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(영문) 서울고등법원 2016.10.07 2016노2395
강간상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. When committing the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability.

B. Illegal Defendant’s improper disclosure order is subject to exemption from disclosure notification order, and even if not, the period of disclosure notification order as determined by the lower court is too too long and unreasonable.

C. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability, the fact that the defendant was in a state of drinking at the time of each of the crimes in this case is recognized.

However, in light of various circumstances, such as the background and method of each of the instant crimes, the Defendant’s act before and after the commission of the crime, which were duly adopted and examined by the lower court, it does not seem that the Defendant had the weak ability to discern things or make decisions under the influence of alcohol.

Therefore, this part of the defendant's argument is without merit.

B. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment of Sexual Crimes and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse provide that the personal information of a person who has committed a sexual crime shall, in principle, be disclosed and notified to the public, be exempted only when it is deemed that there are special circumstances that may not be such disclosure and notification.

In full view of the Defendant’s age acknowledged by the evidence duly adopted and examined by the lower court, the other party to the instant sexual crime, motive, background, method, content and nature of the crime, seriousness of the result, and the degree and expected side effects of the Defendant’s disadvantage due to the disclosure notification order, the preventive effect of the sexual crime that can be achieved therefrom, and the effect of protecting the victim, there is no special circumstance that the Defendant’s personal information shall not be disclosed.

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