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(영문) 광주고등법원 2020.04.16 2020노17
강간
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

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

B. The Prosecutor’s sentencing of the lower court is so unfair that the sentencing of the Prosecutor is excessive, and the Prosecutor asserts that the sentencing is unfair on the premise that the lower court sentenced the Defendant to a suspended sentence of imprisonment in the statement of grounds of appeal, but the sentence sentenced by the lower court is a sentence of two-year imprisonment, and thus,

It is also unfair to exempt the defendant from issuing an order to disclose and notify personal information.

2. Determination

A. As to the public prosecutor’s unfair assertion of exemption from disclosure and notification order, the lower court determined that there were special circumstances in which the Defendant should not disclose and notify personal information to the public, in full view of the Defendant’s possibility of recidivism of sexual crimes, the Defendant’s disadvantage and anticipated side effects, the prevention effect of sexual crimes subject to registration, and the effect of protecting the victims of sexual crimes subject to registration, as stated in its reasoning.

In addition to the circumstances stated by the court below, considering the fact that the defendant did not have a criminal record of a sexual crime, the social relationship appears to be clear, and the violence of the defendant does not appear in the course of the crime in this case, the above judgment of the court below is just.

This part of the prosecutor's argument is without merit.

B. As to the assertion of unreasonable sentencing by the Defendant and the prosecutor, the instant crime committed intentionally by the Defendant’s victim who was frighten in the night and was raped by the victim into the motel, and the nature of the crime is not good in light of the circumstances and contents of the crime.

As a result, the victim suffered a considerable mental impulse and pain.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant is punished two times by a fine due to the violation of the Road Traffic Act.

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