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(영문) 대전고등법원 (청주) 2020.01.09 2019노198
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (such as an order to attach an electronic device) has a special reason not to disclose personal information to the accused, and it is difficult to view that there is a risk of recidivism to the extent of imposing an order to attach an electronic device, other than probation, beyond probation. 2) The lower court’s sentence of unfair sentencing (one year of imprisonment)

B. The lower court’s sentence is too unfilled and unfair.

2. Determination

A. Determination as to the Defendant’s assertion of mistake of facts ought to be made by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, etc., characteristics of the offender, such as the type of offense, motive, process of offense, consequence, seriousness of the offense, etc., the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure or notification order, the preventive effect of the sexual crime subject to registration which may be achieved, and the effect of protecting the victim from the sexual crime subject to registration (see, e.g., Supreme Court Decision 2011Do16863, Feb. 23, 2012). If the lower court duly adopted and duly adopted the evidence and comprehensively took account of the following circumstances recognized by the previous investigation document and the previous investigation document, the lower court’s disclosure and notification order against the Defendant is sufficiently acceptable, and there is no error of mistake of facts as alleged by the Defendant.

Therefore, the defendant's above assertion is without merit.

① The Defendant, while serving as a public official in the Cheongju and Chungcheongbuk-do Office, was retired from office in 2003, and was 75 years old.

However, since four years ago, the defendant did not have a sex relationship for several years since her wife began to be infected with his/her own disease.

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