beta
(영문) 수원고등법원 2020.09.09 2020노295

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a period of three years, etc.) by the lower court is deemed unreasonable.

2. We examine ex officio the prosecutor’s ex officio determination on the grounds of unfair sentencing regarding the disclosure and notification order.

A. The Act on the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse shall, in principle, disclose and notify the personal information of all persons who have committed sexual crimes to defend our society from sexual crimes, and shall be exempted from such disclosure only in cases where there are special circumstances that may not be an exception.

Here, whether a case constitutes “where it is deemed that there are special circumstances to prohibit disclosure of personal information” as a ground for exception to disclosure order and notification order should be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, etc., characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc., characteristics of the crime, such as characteristics of the crime, such as disclosure order or notification order, degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to disclosure order or notification order, prevention effect of sexual crimes subject to registration, and effects

(see, e.g., Supreme Court Decision 2011Do16863, Feb. 23, 2012). B.

In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, disclosure and notification order, the degree and expected side effects of the Defendant’s disadvantage, the prevention of sex crimes subject to registration that may be achieved therefrom, and the protection effect of victims, the court below determined that there are special circumstances where disclosure and notification of the Defendant’s personal information should not be made, and exempted the Defendant from disclosure and notification order.