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(영문) 서울고등법원 2014.01.09 2013노2972
강간등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is unreasonable for the lower court to issue an unfair disclosure disclosure order to the Defendant.

B. The sentence imposed by the lower court on the Defendant (five years of imprisonment, etc.) is too unreasonable.

2. Determination

A. As to the unlawful assertion of disclosure disclosure order, each crime under paragraph (3) of the judgment of the court below constitutes a sexual crime subject to registration under Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) (the judgment of the court below is 24). The judgment of the court below ruled that the defendant becomes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, where a conviction of a crime under paragraph (3) of the judgment of the court below becomes final and conclusive under the title of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, but the above provision on Special Cases concerning the Punishment, etc. of Sexual Crimes provides that a person who commits a sexual crime subject to registration shall be exempted

However, in full view of the type, motive, process, result, and seriousness of each crime under paragraph (3) of the judgment of the court below, which can be recognized by the evidence duly adopted and examined by the court below, the defendant's personal information should not be disclosed to the public, in light of the circumstances that the defendant and the victim came to know, the degree of disadvantage and expected side effects of the defendant's victim due to the disclosure order, the prevention effect of sexual crimes that can be achieved therefrom, and the effect of protecting the victim, etc.

Therefore, the defendant's above assertion is without merit.

B. As to the assertion of unfair sentencing, the Defendant has accepted all of the instant crimes, which led to the trial of the lower court, and this is the same.

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