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(영문) 광주고등법원 2018.06.28 2018노146
강제추행등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

Sexual assault against the defendant for forty hours.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order (hereinafter “Defendant”) are only the same.

(Unfair of Sentencing) The sentence of the lower court is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Ex officio determination

A. After the prosecutor sentenced the judgment of the court below, the prosecutor requested the defendant to attach an electronic device to the location tracking device, and this court decided to jointly examine the case of the defendant and the case of the case of the attachment order. Since the case of the application of the attachment order should be examined together with the case of the defendant and sentenced simultaneously with the case of the defendant, the judgment of the court below

B. Also, we examine ex officio the judgment of the court below on the disclosure and notification order.

1) In full view of the following circumstances: Defendant’s age, occupation, family environment, social ties, risk of re-offending and recidivism, benefits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects resulting therefrom, the lower court has a special reason not to disclose Defendant’s personal information.

The decision was determined.

2) 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 provide that, in principle, disclosure of personal information of all persons who have committed sexual crimes shall be notified to the public, and there is a special circumstance that may not be an exception to such disclosure.

only if it is determined, it shall be exempted, and there is a "special circumstance" in which personal information shall not be disclosed.

Whether it is a case of determining the defendant's age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, result, seriousness of the crime, etc., characteristics of the crime, degree of disadvantage and anticipated side effects of the defendant's injury due to an order of disclosure notification, and subject to registration that can be achieved.

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