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(영문) 부산고등법원 2017.02.08 2016노792
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s unfair sentencing (one year after the suspension of the execution in two years and six months) is deemed unfair.

B. There are special circumstances in which disclosure of personal information against an unjust defendant is exempted from disclosure disclosure disclosure notification order.

However, the lower court’s exemption from the disclosure notification order is unreasonable.

2. Determination

A. As to the wrongful assertion of sentencing, the crime of this case is an indecent act committed by the Defendant by force or by force on several occasions against a person who has committed an indecent act by force, who is a woman’s father-child, who is a woman’s father-child, in the relationship between the Defendant and the victim, etc., which is disadvantageous to the nature of the crime in light of the circumstance of the crime, the relationship between the Defendant and the victim, and the victim suffered considerable mental shock

However, in light of the circumstances favorable to the defendant, including the fact that the defendant recognized the crime of this case and is against the defendant, that the victim directly dies with the victim, that the victim is expected to have gradually recovered from the shock of the crime of this case, that the defendant has no record of punishment exceeding the same kind of crime and fine, and that there is no record of punishment exceeding the criminal history and fine, etc., the court below's sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, method and method of the crime, the method and method of the crime, and the sentencing guidelines for the establishment of the sentencing committee of the Supreme Court, and the sentencing guidelines for the sentencing committee of this case, it is not difficult to say that the sentence imposed by the court below is too un

Therefore, this part of the prosecutor's argument is without merit.

B. As to the unjust assertion that exemption from disclosure disclosure notification order is unfair, there are special circumstances that need not disclose personal information as stipulated in the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

(b) make decisions;

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