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(영문) 서울서부지방법원 2018.04.26 2017노1721
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (the sentence of imprisonment for four months, the suspended sentence of one year, and the 40 hours lecture for sexual assault treatment) is too unreasonable.

2. The judgment shows the attitude of the Defendant to make a confession and reflect on the instant crime, the fact that the Defendant was the primary offender, and the fact that the Defendant agreed with the victim, etc. are favorable to the Defendant.

Meanwhile, in light of the above circumstances favorable to the Defendant, the lower court appears to have determined the sentence, and there is no special circumstance or circumstance that may be newly considered in sentencing after the pronouncement of the lower judgment, and in full view of all the sentencing conditions in the instant case, including the Defendant’s age, sex, environment, background and consequence of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable even in light of the grounds for appeal asserted by the Defendant, and thus, the Defendant’s assertion is groundless

3. Since it is apparent that the lower court’s correction of the judgment was in the next part after the application of the statute was terminated, it is ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.

When a judgment of conviction on a crime committed in the judgment to register and submit personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 4

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Since it is judged, Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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