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(영문) 대법원 2018.12.13 2018도5642
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. In full view of all the circumstances indicated in the records, such as the age, occupation, criminal record and the type of crime, criminal process, and result of the defendant's case, it is justifiable for the court below to issue an order of disclosure and notification for a period of three years on the ground that there are no special circumstances that the disclosure of personal information of the defendant is prohibited.

There is no error as alleged in the grounds of appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. The argument that the protection observation order is unfair with respect to the claim for the protection observation order is asserted to the effect that the defendant's appeal is the ground for appeal or is not subject to an ex officio decision by the court below, and it is not a legitimate ground for appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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