logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.06.21 2018노117
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence that is unfair in sentencing (the suspended sentence and fine of one million won) of the lower court is too unhued and unfair.

B. It is unreasonable for the court below to exempt the disclosure notification order, in the absence of special circumstances that may not disclose the personal information of the defendant that was unreasonably exempted from disclosure or notification order.

2. Determination

A. In full view of the arguments and records of the instant case’s determination of the unfair argument of sentencing, the lower court appears to have been reasonably determined by fully considering the various reasons for sentencing alleged by the prosecutor, and there is no special circumstance to ex post facto change the sentencing.

B. The lower court determined that the Defendant’s personal information should not be disclosed or notified in full view of the following circumstances: (a) the Defendant’s age, social ties, benefits and preventive effects expected from the instant disclosure or notification order, and disadvantages and side effects therefrom; and (b) the Defendant’s personal information should not be disclosed or notified.

Based on the judgment, the defendant exempted the disclosure notification order of personal information against the defendant.

Examining the above judgment of the court below in light of the records, the judgment of the court below is just, and the prosecutor's above assertion is without merit.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.

arrow