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(영문) 부산고등법원 2017.09.06 2017노321
준강제추행등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The same mistake is not repeated due to active treatment, etc. that led to the confession and reflect of an unfair crime in sentencing, the fact that it is an contingent crime, the fact that the court below deposited one million won for the victim, etc.

Considering the fact that there is a difference, the sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The judgment of the court below that made the disclosure of personal information for three years and attached a location tracking device, despite the risk that the disclosure notification order, improper disclosure notification of personal information of an attachment order, and the attachment of an electronic tracking device could lead to a difficult livelihood for their children, and that the disclosure of personal information for three years and the attachment of the electronic tracking device is unfair.

2. Determination

A. As to the wrongful assertion of sentencing, the lower court, as stated in its reasoning, determined the Defendant’s punishment by taking into account the favorable or unfavorable circumstances of the Defendant.

The circumstances alleged by the Defendant on the grounds of appeal were already considered in the course of sentencing by the lower court, and there are no new changes in circumstances that could change the sentence of the lower court in the trial.

Considering such circumstances, comprehensively taking into account all the sentencing conditions under Article 51 of the Criminal Act, and the scope of the recommended punishment according to the sentencing guidelines as shown in the argument of the lower court and the party deliberation, the lower court’s sentence cannot be deemed unfair because it is too unreasonable as the grounds for appeal exist.

Defendant’s assertion is without merit.

B. As to the unjust assertion of disclosure disclosure order, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, there are special circumstances in which the personal information of a sex offender should, in principle, be disclosed and notified to the public, be exceptionally prohibited.

rule that exemption shall be granted if it is determined.

There are special circumstances in which personal information shall not be disclosed or notified.

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