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(영문) 수원지방법원 2018.07.12 2018노136
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of reasons for appeal (the sentencing is unfair and the exemption from order to disclose personal information is unfair);

A. The lower court’s sentence (4 million won in punishment, and 40 hours in completion of sexual assault treatment programs) against an unfair defendant in sentencing is deemed to be too uneasible and unfair.

B. Although the court below should disclose and notify personal information to the defendant when considering the attitude of an unfair crime of exemption from disclosure of personal information, the defendant's tendency, etc., it is unfair that the court below exempted the defendant from disclosure of personal information.

2. Determination

A. The instant crime of determining the illegality of sentencing is not likely to be a crime that committed an indecent act by having the Defendant forced the victim at first time and forced the victim to suffer from an indecent act by placing the victim’s entrance, and the victim seems to have suffered a lot of mental suffering, and there is no agreement.

However, the defendant acknowledges all of the crimes, repents the errors, and does not repeat the crime.

In full view of the various circumstances, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., as well as the circumstances after the crime, the sentencing of the lower court is too unfeasible to the extent that it exceeds the reasonable scope of discretion, and thus, is unreasonable.

The prosecutor's assertion is without merit.

B. According to Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in principle, the disclosure and notification of personal information of a person who committed a sex crime against a child or juvenile should be made to the public, and there are special circumstances that may not be done on an exceptional basis.

If it is judged, it shall be removed.

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

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