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(영문) 부산고등법원 2015.04.29 2014노904
강간치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Considering that the nature of the crime of this case of unfair sentencing is very poor, the sentence imposed by the lower court on the Defendant (two years and six months of imprisonment, the suspended execution three years, etc.) is too uneasible and unfair.

B. Since the exemption from disclosure and notification orders is likely to pose a risk of repeating a crime against the criminal defendant, it is unreasonable for the court below to exempt the criminal defendant from disclosure and notification orders.

2. Determination

A. As to the assertion on unfair sentencing, the instant crime was committed by the Defendant on the ground of an indecent act committed by the Defendant with the intent to rape the victim first in the club, and the victim was raped with the victim, thereby causing bodily injury to the victim for a period of 30 days. However, the nature of the instant crime is heavy. However, it is difficult to see that the instant crime was committed in a planned manner; the Defendant’s mistake was divided and agreed with the victim; the Defendant was the primary offender; the Defendant was the primary offender; and the sentencing guidelines established by the Sentencing Committee were taken into account various sentencing conditions stipulated in Article 51 of the Criminal Act; and the sentencing guidelines established by the Sentencing Committee are not deemed to have exceeded discretionary power, and thus, the Prosecutor’s assertion is without merit.

B. As to the wrongful assertion of exemption from disclosure and notification order, whether it constitutes “any special circumstance that may not disclose or notify personal information” as an exception to disclosure and notification order under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse can be achieved due to the Defendant’s age, occupation, risk of recidivism, etc., characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc., characteristics of the crime, such as disclosure or notification order, degree of disadvantage and anticipated side effects of the Defendant’s injury due to disclosure or notification order, and its possible side effects.

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