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(영문) 서울고등법원 2013.06.04 2013노1051
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

The judgment of the court below is reversed.

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

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order (1) The lower court and the respondent for an attachment order (hereinafter “Defendant”)

(2) The lower court’s order to attach a location tracking device to the Defendant is unreasonable, inasmuch as the Defendant’s application for an attachment order does not constitute a sexual crime and a recidivism risk, in so far as the Defendant did not disclose and notify personal information. (2) The lower court’s order to attach an electronic tracking device to the Defendant, inasmuch as the Defendant’s application for an attachment order does not constitute the recidivism or recidivism risk of a sexual crime.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. As to the part of the Defendant case’s (i) the instant crime is difficult to view that the Defendant’s indecent act by force against the victim’s house when the Defendant intrudes on the victim’s house, and that the Defendant embezzled the money kept for the victim’s G, and that the crime is somewhat weak.

However, in full view of various sentencing conditions shown in the arguments in this case, including the Defendant’s age, character and conduct, family environment, motive and circumstance before and after the instant crime, the Defendant’s punishment is too unreasonable, and the Defendant’s allegation in this part is reasonable, and the Prosecutor’s allegation in this part is without merit.

The crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes in the holding of the court below with respect to the unlawful disclosure of the information on Do governor's personal information constitutes a sexual crime subject to registration under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. The Act on Special Cases concerning the Punishment, etc. of Sexual Crimes requires the disclosure of personal information of a person

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