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(영문) 서울고등법원 2015.04.17 2015노296
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. When committing the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability.

B. There are special circumstances to exempt the accused from issuing disclosure and notification orders.

C. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. The lower court also asserted that the Defendant had the same purport as this part of the allegation, and the lower court, without having claimed that the Defendant was under the influence of alcohol at the time of the instant crime, made a concrete statement on the circumstances where the Defendant met the body of the victim and kis, and the victim, F, and E was under the influence of alcohol at the time of the instant crime.

In full view of the fact that there was no statement to the effect that the Defendant had drinking alcohol, and the circumstances, such as the background and method of the instant crime, etc., determined that the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Even after closely examining the evidence duly adopted and examined by the court below, such judgment of the court below is justified.

This part of the defendant's assertion is without merit.

B. 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 the personal information of a person who committed a sexual crime shall, in principle, be disclosed and notified to the public, be exempted only when there are special circumstances that may not be an exception to such disclosure and notification.

The motive, method and content of the crime of this case recognized by the evidence duly admitted and investigated by the court below, the severity of the crime, the degree of disadvantage and anticipated side effects that the defendant will suffer when the disclosure notification order is executed, and the results can be achieved.

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