아동ㆍ청소년의성보호에관한법률위반(강제추행)
The prosecutor's appeal is dismissed.
1. In cases of a summary of grounds for appeal, there are special circumstances in which the personal information of the defendant shall not be disclosed or notified;
The judgment of the court below which dismissed the above cannot be seen as improper.
2. There are other special circumstances in which the disclosure of personal information is prohibited, as prescribed under Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse as one of the grounds for exception to disclosure orders and notification orders.
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 offender, 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 anticipated side effects of the disadvantage and side effects that the Defendant suffers, the preventive 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 (see, e.g., Supreme Court Decision 2011Do14676, Jan. 27, 2012). Comprehensively taking into account the aforementioned legal principles and the following circumstances revealed by the evidence duly adopted and investigated by the lower court, there are special circumstances under which disclosure of the Defendant’s personal information may not be disclosed:
The decision is judged.
① In light of the fact that the Defendant committed the instant crime with a disability of class 2 with no record of crime at all, and that it appears that he/she committed the instant crime contingently, it does not seem that the instant crime is the expression of habituality of sexual assault against a child or juvenile.
② After committing the instant crime, the Defendant’s mother and mother sought a letter of intent by finding the victim’s side, and the Defendant promised to take active measures not to appear around the victim’s school, and the Defendant’s mother did not raise a civil or criminal objection against the Defendant.
In this point.