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(영문) 부산고등법원 2018.12.19 2018노596
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. With respect to the part of the case of the Defendant, the lower court sentenced the prosecutor’s request regarding the part on which the request for the attachment order was filed, and the part on which the request for the attachment order was lodged only by the Defendant. As such, the part on which the request for the attachment order was filed does not have any interest in the appeal, and thus, the part on the request for the attachment order was excluded from the scope of the trial of this court, notwithstanding Article 9

2. Summary of reasons for appeal;

A. The sentence of the lower court’s improper sentencing (4 years of imprisonment, 80 hours of order to complete the course) is too unreasonable.

B. In light of the fact that an unfair disclosure or notification order leads to a significant disadvantage that the defendant and his family members have resided for a long time, and that the defendant's family and female-friendly family members are leading the defendant and live together, there are special circumstances that may not disclose the defendant's personal information.

Nevertheless, it is unreasonable for the court below to order the disclosure of information about the defendant for five years.

3. Determination

A. As to the unfair argument of sentencing, the sentencing guidelines established by the Sentencing Committee on the basis of Articles 81-2 and 81-6 of the Act on the Organization of Courts on the Criteria of Sentencing (hereinafter “Sentencing guidelines”) are “reasonable, concrete, and objective setting” and “public disclosure” through the “procedures prescribed by the Act” in order to realize the “fair and objective sentencing in which the people trust,” and judges must respect the selection of the type of punishment and the determination of the sentence (see Articles 81-2 through 81-12 of the Court Organization Act). In the event that the reasons for the sentencing are to be stated in the written judgment as a result of a judgment that deviates from the sentencing guidelines, the court shall have the meaning, effect, etc. of the sentencing guidelines.

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