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(영문) 대전고등법원 2020.02.07 2019노442
준강간등
Text

The judgment below

The part of the defendant's case shall be reversed.

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

For the defendant.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) Since the risk of recidivism is high, the Defendant should disclose and notify the Defendant’s personal information. 2) The lower court’s sentence of unfair sentencing (one year of imprisonment, etc.) is too minor.

3 It is improper for the court below to dismiss the request for attachment order even if the defendant's dismissal of the request for attachment order of an electronic tracking device is found to pose a risk of recidivism.

B. The Defendant explicitly withdrawn the assertion of mistake of fact stated in the petition of appeal on the date of the first trial of the trial.

The sentence of the court below is too heavy.

2. Part of the defendant's case

A. The lower court, based on the circumstances stated in its reasoning, exempted the Defendant from an order to disclose or notify personal information, based on determining that there are extenuating circumstances in which the Defendant’s personal information should not be disclosed or notified.

However, in light of the following circumstances: (a) the Defendant committed a sexual intercourse or similar act with the victim continuously taking advantage of the victim’s psychological state of difficulty to resist, and (b) the Defendant committed a crime against the victim who was in trust with the Defendant; (c) the Defendant did not determine that there was a special circumstance that the risk of recidivism of the Defendant to the extent that it may be exempted from the disclosure and notification order is significantly low; (d) thus, the exemption of the disclosure and notification order by the lower court did not err by misapprehending the legal doctrine on the grounds for exemption or by misunderstanding the facts, thereby adversely affecting the conclusion of the judgment.

In addition, the disclosure and notification order is an incidental disposition to be sentenced simultaneously with a conviction of a sex offense case, and even if there is no illegality in the remaining part of the judgment of the court below, the entire

The prosecutor's assertion pointing this out is with merit.

B. The argument on unfair sentencing is made.

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