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(영문) 부산고등법원 2016.07.20 2016노264
강제추행상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence against the Defendant (two years and six months, etc.) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s sentence against the illegal Defendant is too uneasible and unfair.

2) There are special circumstances under which disclosure of personal information against an illegal defendant is not subject to disclosure or notification order.

However, the lower court’s exemption from the disclosure notification order is unreasonable.

2. Determination

A. As to the unlawful assertion of sentencing by the Defendant and the prosecutor, the instant crime is unfavorable to the Defendant, in light of the following: (a) the Defendant had a more alcohol, committed an indecent act by force against the victimized person; (b) assaulting the said victimized person; and (c) the nature of the crime was bad in light of the method of the relevant crime; and (d) the Defendant has a number of criminal records, such as one time to suspend the execution and fourteen times of fines, etc.

However, in light of the following: (a) the victim did not want the punishment of the defendant, (b) the defendant recognized the crime of this case, (c) the degree of indecent act and bodily injury against the victim is not serious; and (d) other various sentencing conditions specified in the argument of this case, such as the defendant's age, sexual conduct, family relationship, and circumstances after the crime, the sentence of the court below is deemed unfair because the sentence of the defendant is so large that it is unfair; (b) the defendant's allegation in this part is reasonable, and the prosecutor's allegation in this part is without merit.

B. As to the prosecutor’s improper assertion of exemption from disclosure or notification order, there are special circumstances where disclosure of personal information may not be disclosed, as stipulated in the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

In the case of judgment, the issue of whether the defendant constitutes "a crime" shall be the defendant's age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, result, and crime.

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