성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. The Defendant (unfair punishment) was sentenced to imprisonment with prison labor for not less than four years, and thus unfair.
B. The lower court’s above sentence is unreasonable on the grounds that the prosecutor (e.g., unfair sentencing, disclosure, and exemption from notification) was excessively uneasible and unfair. 2) The lower court’s exemption from disclosure and notification order is unreasonable in the absence of special circumstances to not disclose and notify the personal information of the accused.
2. First of all, we examine the prosecutor’s improper assertion of exemption from disclosure and notification order.
The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse shall disclose and inform the personal information of all persons who have committed sexual crimes in principle to defend our society from sexual crimes, and shall be exempted from such disclosure only in cases where there are no exceptional circumstances to avoid such disclosure.
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 of sexual crimes subject to registration, effects of protection
(see, e.g., Supreme Court Decision 2011Do16863, Feb. 23, 2012). B.
The court below held that the defendant's age, the background and process of the crime in this case, the degree of the crime, the side effects and expected side effects of the defendant's suffering due to the disclosure notification order, and the prevention effect of sexual crimes that can be achieved.