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(영문) 대전고등법원 (청주) 2017.04.27 2016노200
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of Defendant 1) It is unreasonable for the lower court to exempt the Defendant from the disclosure and notification order of personal information, inasmuch as there are no special circumstances that the lower court would not disclose or notify the Defendant and the requester for the attachment order (the requester for the protective observation order; hereinafter “Defendant”), who was unreasonably exempt from disclosure or notification order.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended execution, 40 hours of lecture attendance order, and 47 hours of community service order) is deemed to be too uneasible and unreasonable.

B. The lower court’s measure that dismissed the Defendant’s request for an attachment order and a protective observation order, despite the risk of reoffending the case, is unfair.

2. Determination:

A. The part 1 of the case of Defendant 1) In light of the process and result of the crime of this case including the fact that the Defendant had been investigated into a sexual crime before being charged, the process and result of the crime of this case, the benefits expected by the disclosure and notification order, the preventive effect, the disadvantages and side effects therefrom, etc., the effect of preventing re-offending can be achieved only by the registration of personal information and the completion of the sexual assault treatment program.

Since it is judged, there are special circumstances that the defendant should not disclose or notify personal information.

Therefore, the prosecutor's assertion on this part is without merit.

2) As to the wrongful assertion of sentencing, the crime of this case is advantageous to the fact that the defendant committed an indecent act against the juvenile, who was a juvenile at the convenience store, and the nature of the crime is not good, that the victim seems to have frighten with the sense of sexual humiliation and displeasure, that the victim did not reach an agreement with the victim, that the defendant led to the confession of and reflect against the crime, that the defendant is the primary offender, that the defendant is the primary offender, and that the degree of the prosecution was not excessive.

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