성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The prosecutor's appeal is dismissed.
1. Summary of prosecutor's grounds for appeal;
A. The court below exempted the Defendant from an order to disclose personal information without specific and clear grounds, which violates the purpose of requiring the Defendant to declare the disclosure of personal information simultaneously with a judgment, in principle, by committing a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the Act on the Punishment, etc. of Sexual Crimes.
B. In light of the fact that the instant case of unfair sentencing is based on the photographing of victims within a bus using a continuous photographing program installed on a mobile phone by the Defendant, and the nature of the crime is heavy, and that it is necessary to concurrently issue orders to complete sexual assault treatment programs to prevent recidivism, etc., the lower court’s sentence imposing a fine of KRW 3 million is too uneasible and unfair.
2. Determination
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, the disclosure and notification of personal information of a person who has committed a sexual crime to the public, and where it is deemed that there are special circumstances that may not be an exception, such exemption shall be exempted.
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, result, seriousness of the crime, etc., characteristics of the crime, such as the crime, degree and anticipated side effects of the disadvantage the defendant suffers due to the disclosure order or notification order, preventive effects of sexual crimes subject to registration which may be achieved, and effects of the protection of victims from sexual crimes subject to registration, etc.