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(영문) 수원지방법원 2015.07.07 2015노2403
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that a defense counsel (unfairness) is against the defendant's wrong, despite the absence of a intellectual disorder, the defendant performed the field service in the Asan Hospital for two years by carrying out the field service, which is currently working as a taxi engineer and is extremely living, and the defendant's parents and persons living together with the defendant, etc., the sentence of the court below ordering the defendant to complete the sexual assault treatment program program for 6 months and 40 hours and to disclose the personal information for two years is too unreasonable.

B. In light of the fact that a prosecutor (unfair) was sentenced to three years of imprisonment for rape, etc. on October 14, 1998, and a similar crime was committed on or around May 201 and around June 2011, and was investigated as a quasi-indecent act by compulsion, despite the fact that the victims were subject to a disposition of non-right to prosecute, the Defendant committed the instant crime; the Defendant did not deny the Defendant’s criminal act; the Defendant did not violate his/her wrong act; the Defendant did not recover damage; the Defendant deprived the Defendant of his/her opportunity to repent his/her wrong and thereby hindering the Defendant’s return to the healthy members of society, etc., the sentence imposed by the lower court is unreasonable.

2. We examine ex officio prior to the determination of the grounds for appeal.

According to 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, in principle, allow disclosure and notification of personal information of a person who has committed a sexual crime to the public, and in exceptional cases where there are no special circumstances that may not be allowed to do so.

There are special circumstances in which personal information shall not be disclosed.

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