아동ㆍ청소년의성보호에관한법률위반(강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. It is unfair for the lower court to exempt the Defendant who is in danger of recidivism from an order to disclose personal information disclosure.
B. The sentence of the lower court’s unfair sentencing (two years of suspended sentence for one year’s imprisonment) is too minor.
2. Determination as to unjust grounds for exemption from disclosure disclosure order of personal information
A. According to the provisions of Articles 49(1) and 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, when a court declares a conviction of a person who commits a sexual crime against a child, such as a crime of violating the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, it shall issue an order to disclose and notify registered personal information through an information and communications network during the registration period prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, but there are special circumstances that may not disclose or notify personal information.
If it is determined, the personal information may not be disclosed or notified.
B. While the lower court convicted the Defendant of a violation of the Act on the Protection of Juveniles against Sexual Abuse (voluntary indecent act) against the Defendant, in light of the background of the crime or the attitude of the crime, the Defendant is highly likely to repeat the sex offense repeatedly.
It is difficult to readily conclude that only the registration of personal information, orders to attend lectures, and orders to observe protection can have an effect to prevent recidivism by the defendant to a certain extent.
There are special circumstances in which the disclosure of personal information of the defendant shall not be disclosed due to the appearance, etc.
On the other hand, the defendant's registered personal information was exempted from the disclosure order and notification order.
(c)
In this respect, there are special circumstances in which personal information shall not be disclosed to the public, as one of the exceptions to the disclosure order and notification order.
In the case of judgment, whether it constitutes “the offender” is the offender’s characteristic, such as the Defendant’s age, occupation, risk of recidivism, and the type, motive, etc. of the offense.