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(영문) 광주고등법원 2015.07.16 2015노268
준강간
Text

The prosecutor's appeal is dismissed.

Reasons

1. It is improper for the lower court to exempt the Defendant from issuing an order to disclose or notify personal information, in the absence of special circumstances that may not disclose or notify the Defendant’s personal information, because the Defendant’s punishment (two years of imprisonment with labor and one year and six months of suspended execution) is too unfilled.

2. In the instant case, the Defendant’s sexual intercourse with the victim by taking advantage of the victim’s state of impossibility to resist, and the nature of the offense cannot be deemed to be less severe. However, in full view of the circumstances favorable to the Defendant, such as the Defendant’s primary offender, and the Defendant appears to have committed the instant crime in a somewhat contingent manner, the Defendant appears to have committed the instant crime, and the Defendant’s family and social relationship is relatively clear, and the Defendant’s age, character and behavior, environment, circumstances after the instant crime, etc., as well as various sentencing conditions, such as the Defendant’s age, character and conduct, circumstances after the instant crime, and sentencing guidelines of the Sentencing Committee (one year and six months to three years of imprisonment), it cannot be deemed that the sentence of the lower court is too unreasonable.

In addition, in light of the fact that the defendant was the first offender and the defendant committed the crime of this case by contingent, it is difficult to view that the risk of recidivism exists for the defendant, and that the punishment determined by the court below and the registration of the defendant's personal information and the lecture attendance order alone appears to have the effect of preventing recidivism, and that the defendant's age, the background and process of the crime of this case, the benefits and preventive effects expected from the disclosure order and the notification order of this case, and the disadvantages and side effects caused thereby, it is reasonable that the court below exempted the defendant from the disclosure and notification order of personal information.

3. The prosecutor’s appeal for conclusion is without merit and is in accordance with Article 364(4) of the Criminal Procedure Act.

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