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(영문) 서울고등법원 2017.05.11 2017노448
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there are special circumstances under which the Defendant and the respondent for an attachment order may not disclose personal information of the Defendant and the respondent for an attachment order (hereinafter “Defendant”), it is unreasonable to order the lower court to disclose and notify the Defendant for a period of five years.

2) In the absence of the risk of repeating a sexual crime against the criminal defendant, it is unreasonable for the lower court to order the criminal defendant to attach an electronic tracking device for a period of ten years, and impose restrictions on outing and outing a specific time zone, such as night time.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. Part 1 of the case of Defendant 1) Even though the Defendant had been prior to several times to determine the prosecutor’s unfair argument of sentencing, committed part of the crime of this case again during the period of repeated crime, and the crime of this case is committed openly by the Defendant, by assaulting the victim F’s residence at night, by forcing the victim F to commit an indecent act, and by intrusion upon the victim H’s residence at night, and the nature of the crime is not good, strict punishment against the Defendant is required.

However, there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court is exceeded the reasonable scope of discretion, since the defendant is divided into his own mistake, the defendant was the victim F and H by agreement with the victim F and H, and the victim F and H do not want the punishment of the defendant.

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 above assertion is without merit.

2) The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Protection of Children and Juveniles against Sexual Abuse on determining the improper assertion of the Defendant’s disclosure and notification order.

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