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(영문) 서울남부지방법원 2015.09.24 2015노1064
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant in an unreasonable sentencing agreement with the victim does not want the punishment against the defendant, the defendant's support was neglected to his family, the defendant's misunderstanding of his own misconduct, and there was no record of punishment against the defendant for the same crime, etc., the punishment (eight months of imprisonment) imposed by the court below is too unreasonable.

B. It is unreasonable for the court below to order the defendant to disclose and notify personal information for two years although there are special circumstances that the defendant should not disclose or notify personal information to the defendant.

(The defense counsel of the defendant can not be a legitimate ground for appeal because the defendant's defense counsel did not timely file the appellate brief after the lapse of the appellate brief, but will examine it ex officio).

A. According to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in principle, disclosure and notification of personal information of a person who has committed a sexual crime to the public, and in cases where it is deemed that exceptional circumstances exist that such disclosure shall not be made.

Whether a case constitutes “where it is deemed that there is a special reason not to disclose personal information” shall be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of an offender, such as the type, motive, process, consequence, seriousness of the offense, etc. of the offense, characteristics of the offense, such as disclosure order or notification order, degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order or notification order, preventive effects of sexual crimes subject to registration to be achieved, and effects of protecting victims from sexual crimes subject to

(see, e.g., Supreme Court Decision 2011Do16863, Feb. 23, 2012). B.

The court below is legitimate.

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