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(영문) 부산고등법원 2017.05.11 2017노155
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

The judgment below

The part of the case of the defendant is reversed.

Defendant

In addition, the person who requested the attachment order shall be punished by imprisonment with prison labor for up to two years and six months.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the defendant and the respondent for the attachment order (hereinafter "the defendant") ordered by the court below to the defendant and the respondent for the attachment order (hereinafter "the defendant"), is too unreasonable.

2) Prosecutor A) The sentence imposed by the lower court against the Defendant that was unfair in sentencing is too unhued and unfair.

B) The judgment of the court below which exempted the Defendant from notification of disclosure of personal information despite the risk of recommitting a sexual crime in light of the process, details, means, methods, etc. of the crime of this case committed by the Defendant, was erroneous in the misapprehension of legal principles as to notification of disclosure of personal information.

B. It is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case, despite the risk of repeating a sexual crime.

2. Determination

A. Defendant 1’s part 1 of this case’s case’s crime of this case committed by the Defendant was committed in violation of the victim’s residence under the circumstances as indicated in the judgment of the court below, and the crime of this case committed by the Defendant was committed in violation of attempted rape by threatening the victim as described in the facts constituting the crime in the judgment of the court below. The crime of this case’s crime of this case committed by the Defendant is a serious crime in light of the purpose, content, means, method, and result, etc. of the crime, and the fact that it appears that the victim who was aged and his parents were exposed to the mental shock of the victim and his parents.

On the other hand, the defendant confessions all of the crimes of this case in the court below and the court of the trial court, and repents his mistake in depth.

The statement, rape itself is about attempted, and the victim expressed his intention that the victim does not want to be punished by agreement with the parent of the defendant and the victim by agreement between the victim and the victim in the first instance.

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