성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, the above punishment shall be imposed for a period of five years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. In light of the Defendant’s age, sexual conduct, environment, degree of risk of recidivism, etc., the lower court erred by misapprehending the legal doctrine that disclosed and notified the Defendant’s personal information to the public by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
B. The sentence sentenced by the lower court to the Defendant (four years of imprisonment) is too unreasonable.
2. Determination
A. As to the assertion of misapprehension of the legal doctrine, there are other special circumstances in which personal information may not be disclosed, as stipulated under Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 49(1) and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.
In determining whether a case constitutes “a case” ought to be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of the relevant crime, such as the type, motive, process of the relevant crime, seriousness of the relevant crime, characteristics of the crime, such as disclosure order or notification order, the degree and expected side effects of the disadvantage the Defendant was placed, the effects of the sex offense against children and juveniles that may be achieved therefrom, and the effects of protecting children and juveniles from the sex offense, etc. (see, e.g., Supreme Court Decisions 2011Do14676, Jan. 27, 2012; 201Do16863, Feb. 23, 2012). The following circumstances acknowledged by the record, namely, each of the instant crimes committed by the Defendant as an assistant leader of the Juvenile Training Institute, committed an indecent act of five victims of middle school who had been trained by taking advantage of his/her position in order, and the Defendant committed an indecent act against the victim by committing the indecent act.