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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Improper sentencing of the lower court is deemed unreasonable.
B. It is unreasonable that the court below did not issue an order to disclose or notify the information to the defendant, in the absence of special circumstances that would not disclose the personal information of the defendant in violation of the disclosure or notification order.
2. Determination
A. In light of the fact that the Defendant committed an indecent act by force on several occasions as an external village of the victim and the nature of the offense is not good, strict punishment against the Defendant is necessary.
However, the defendant divided his mistake, the defendant does not have the same criminal record, the defendant agreed with the victim, and there is no change in the conditions of sentencing compared with the original judgment, and the sentencing of the original court exceeded the reasonable scope of discretion.
In addition, considering the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below cannot be deemed unfair because the defendant's punishment is too uneasible, and thus, the prosecutor's allegation in this part is without merit.
B. The lower court’s determination on the unjust assertion of disclosure and notification order 1) The following circumstances, i.e., ① there was no criminal record of the Defendant, ② disclosure and notification order in light of the relationship between the Defendant and the victim and his/her residence, etc., appears to have a possibility of causing secondary damage to the victim; ③ the Defendant’s order to undergo sexual assault treatment is likely to have an effect of preventing re-offending; ④ the Defendant’s age, family relationship, disclosure and notification order; and ④ the Defendant’s effect of preventing sexual assault crimes expected by the disclosure and notification order, disadvantages and side effects therefrom, etc., should not be disclosed.