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(영문) 서울고등법원 2019.03.21 2018노3496
준유사강간
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal 1) The sentencing of the lower court is unreasonable because it is too unreasonable to impose an order to disclose and notify the information on the Defendant for three years, even though there are special circumstances that may not disclose or disclose the personal information of the Defendant’s improper disclosure or notification order.

3 The court below's improper order of employment restriction to the defendant for three years against child and juvenile-related institutions, etc. is improper.

2. Determination

A. New circumstances or changes in special circumstances that can be reflected in sentencing after the decision of the lower court on the assertion of unfair sentencing cannot be seen.

Furthermore, Articles 29 and 297-2 of the Criminal Act provide that the crime of this case shall be punished by imprisonment for a limited term of not less than two years, and even during the suspended execution period, the crime of this case may not be sentenced to suspended execution, etc. against the crime of this case at the present. Considering the sentencing factors stated in the reasons for sentencing in the judgment below and the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as a whole, the court below’s punishment cannot be deemed to be excessively excessive beyond the discretionary scope, and thus, the Defendant’s assertion is without merit. (b) 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 provides that the disclosure and notification of personal information of all persons who have committed a sexual crime in principle to defend our society from sexual crimes, and the disclosure of personal information should not be allowed under exceptional circumstances. Here, the disclosure order and disclosure order should not be allowed.

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