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(영문) 서울고등법원 2018.01.26 2017노3409
강제추행
Text

Defendant

In addition, the appeal by the requester for the order to observe the protection is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) which is unfair in sentencing is too unreasonable.

B. It is unreasonable for the court below to order the defendant to disclose and notify the personal information for a period of three years, even though there are special circumstances that the disclosure of personal information should not be disclosed or notified to the defendant and the requester of the protective observation order (hereinafter "the defendant").

2. Determination on the part of the case of the defendant

A. In a case where there is no change in the conditions of sentencing compared to the first instance court as to the unfair argument of sentencing, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the lower court’s judgment as the materials for new sentencing have not been submitted in the trial, and in full view of the factors revealed in the arguments in the instant case, the lower court’s sentencing against the Defendant was too excessive and exceeded the reasonable scope of discretion.

It does not appear.

The defendant's argument of sentencing is without merit.

B. As to the wrongful assertion of disclosure disclosure order, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse allow disclosure and notification of personal information of all persons who have committed sexual crimes in principle to defend our society from sexual assault crimes, there are special circumstances that should not be an exception.

only if it is judged, it shall be exempted.

The defendant's age, character and conduct, records of the same crime, motive and background of the crime in this case, seriousness of the crime, and the degree of disadvantage that the defendant will suffer due to the disclosure and notification order of this case, which are acknowledged by the evidence duly adopted and investigated by the court below.

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