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(영문) 수원지방법원 2017.09.07 2016노8414

건조물침입등

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant (unlawful in sentencing) recognized the error of the Defendant, and there is no record of criminal punishment, etc., the lower court’s sentence that sentenced the Defendant to a fine of KRW 3,000,000 and to an order to complete a sexual assault treatment program for 40 hours is too unreasonable.

B. It is unreasonable for the court below to exempt the Defendant from an order to disclose the registered information without any specific reason in light of the prosecutor (1)’s exemption from disclosure disclosure disclosure order, in light of the content of each of the instant crimes, possibility of recidivism, etc.

(2) In light of the fact that each of the instant crimes committed with sentencing unfair, in order for the Defendant to take a studio of female toilets, intrudes into a studio of female toilets with a view to taking a studio of female workers, and that it is not sufficient to commit the crime in light of the fact that the Defendant taken the studio of the victim by using the camera function located in his mobile phone, the sentence of the lower court is too unreasonable.

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, a prosecutor’s disclosure of personal information on a sex offender is required, and there are special circumstances that may not be an exception.

If it is judged, it shall be removed.

There is a special reason not to disclose personal information.

In the case of judgment, whether it constitutes "a crime" shall be the defendant's age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, result, seriousness of the crime, etc. of the crime, characteristics of the crime, such as disclosure order or notification order, degree of disadvantage and anticipated side effects of the defendant's entrance, and prevention of sexual crimes subject to registration which can be achieved therefrom.