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(영문) 부산고등법원 2016.08.17 2016노385
강간치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence against an unfair defendant in sentencing (one year of a suspended sentence in two years and six months of imprisonment, etc.) is too unhued and unfair.

(b) there are extenuating circumstances in which disclosure of personal information against an unjust defendant is prohibited from disclosure or notification order.

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

2. Determination

A. As to the wrongful assertion of sentencing, the crime of this case is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant, while under the influence of alcohol at night, led the victim to rape in the parking lot and attempted to rape; (b) the victim was inflicted an injury requiring treatment for two weeks; (c) the nature of the crime was very poor; and (d) the victim was deemed to have suffered a big mental pain due to the instant crime.

However, in full view of the following: (a) the Defendant recognized the instant crime and is detained for a period of up to two months; (b) the Defendant committed rape and did not focus on the victim’s attempted rape; (c) the victim did not want the Defendant’s punishment upon agreement with the victim; (d) the Defendant did not have any criminal record or criminal record exceeding the same criminal history or fine; and (e) other various sentencing conditions specified in the instant argument, including the Defendant’s age, sex behavior, family relationship, and circumstances after the commission of the instant crime, the sentence of the lower court does not seem to be unfair and unfair.

Therefore, the prosecutor's improper argument of sentencing is without merit.

B. As to the unjust assertion that exemption from disclosure or notification order is unfair, there are special circumstances in which disclosure or notification of personal information should not be disclosed or notified, as stipulated in the proviso to Article 49(1) and the proviso to 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 "the defendant's age, occupation, risk of recidivism, etc., the characteristic of the offender, the type, motive, and motive of the crime.

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