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(영문) 광주고등법원 2017.06.08 2017노51
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Where there is no change in the sentencing conditions compared to the original judgment regarding the unfair argument of sentencing, and the sentencing of the original judgment does not deviate from the reasonable scope of discretion, it shall be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, in full view of the sentencing conditions in the records and arguments of this case, including the following: (a) the Defendant has no record of sexual assault and child abuse crime; (b) the victims do not want the Defendant’s punishment; and (c) the victims are maintaining a ties relationship between the Defendant and the victims, the lower court’s punishment against the Defendant was excessively unfilled and exceeded the reasonable scope of discretion.

shall not be deemed to exist.

The prosecutor’s assertion disputing the propriety of sentencing of the court below is not accepted.

2. In full view of various circumstances revealed by the lower court, including the fact that the Defendant did not have any history of sexual crime, there are special circumstances in which the disclosure or notification of personal information of the Defendant may not be disclosed or given notice of the Defendant’s personal information.

The decision is judged.

It is justifiable that the court below exempted the defendant from issuing an order to disclose and notify personal information.

We do not accept this part of the Prosecutor's argument.

3. The court below held ex officio as to the period of registering personal information of this case guilty of all the crimes of each of the crimes of violation of the Act on the Punishment, etc. of Sexual Crimes (voluntary indecent act by blood relatives) and the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”), each of the crimes of violation of the Act on the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”), injury, special assault, special intimidation, confinement, and sex crimes subject to the registration under the former part of Article 37

In the light of this, one sentence of imprisonment was sentenced.

The registration period of personal information against the defendant is 15 years in accordance with Article 45 (1) 3 and 45 (2) of the Punishment of Sexual Violence Act.

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