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(영문) 서울고등법원 2019.11.21 2019노2302
준강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unjustifiable and unreasonable.

B. It is unreasonable for the lower court to not issue an order to disclose information to the Defendant, in the absence of special circumstances that the Defendant and the respondent for an attachment order (hereinafter “Defendant”) should not disclose and notify the personal information of the Defendant.

C. Although the Defendant’s dismissal of the request for attachment order was likely to repeat a sex crime, it is unreasonable for the lower court to dismiss the Defendant’s request for attachment order of this case.

2. Determination

A. The crime of this case on the assertion of unfair sentencing is acknowledged that the crime of this case on the assertion of unfair sentencing was committed by compulsion of the victim by force on the part of the part of the victim who was divingd by the defendant, by putting the defendant's scam on behalf of the victim, etc., and the nature of the crime is grave. The defendant has criminal records of suspended execution, etc. due to the same crime before the crime of this case, and that the defendant did not agree with the victim or

However, when considering the character, conduct and environment of the defendant, motive, means and result of the crime in this case, considering the type of force the defendant exercised against the victim at the time of the crime in this case and the conditions of sentencing as shown in the arguments in this case, such as the circumstance of the prosecutor’s assertion in the trial after the crime in this case, even if considering all of the circumstances asserted by the prosecutor in this case, the sentence of the court below is too unjustifiable and unreasonable.

Therefore, this part of the prosecutor's argument is without merit.

B. The lower court, based on the circumstances stated in its holding, has a special reason not to disclose the Defendant’s personal information.

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