성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. It is unfair for the lower court to exempt the Defendant who is in danger of recidivism from issuing a notice of disclosure of personal information.
B. The lower court’s sentence of unreasonable sentencing (three years of suspended execution in one year and six months of imprisonment, and probation) is too minor.
2. According to the records, on February 6, 2015, the Daejeon District Court sentenced the Defendant to a suspended sentence of one year and two-year imprisonment for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Act by Compulsion of Persons with Disabilities) at the Daejeon District Court on February 6, 2015, and acknowledged the fact that the above judgment became final and conclusive on September 10, 2015. Since the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Act by Compulsion of Persons with Disabilities) and the latter part of Article 37 of the Criminal Act are concurrent crimes committed against the Defendant, the lower court should have taken into account equity with the case where the Defendant rendered a sentence for the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Compulsion of Persons with Disabilities) which became final and conclusive under the former part of Article 39
Accordingly, the judgment of the court below can no longer be maintained.
However, despite the above reasons for ex officio destruction, the prosecutor's argument on the exemption from disclosure of personal information is still meaningful as the subject of the judgment of this court, so this will be examined below.
3. Determination on the grounds for appeal (in relation to the exemption from an order to disclose and notify personal information);
A. According to the provisions of 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, the court shall commit the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in