강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Sexual assault, 80 hours against the defendant.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime with mental disorder, the Defendant was in a state of mental disability and injury.
B. It is unreasonable for the lower court to order the Defendant to disclose and notify personal information for two years.
C. The sentence imposed by the lower court on the Defendant (a six months of imprisonment and an order to complete a sexual assault treatment program for 80 hours of imprisonment) is too unreasonable.
2. Determination
A. In light of the Defendant’s act at the time of committing the instant crime, circumstances after committing the instant crime, etc., it does not seem that the Defendant was in a weak state of having the ability to discern things or make decisions.
Therefore, the defendant's above assertion is without merit.
B. 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 granted.
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, consequence, seriousness of the offense, etc. of the offense, characteristics of the offense, such as disclosure order or notification order, degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order or notification order, preventive effects of sexual crimes subject to registration to be achieved, and effects of protecting victims from sexual crimes subject to
(see Supreme Court Decision 2011Do16863, Feb. 23, 2012). The defendant shows an attitude against himself/herself, and this case.