피감독자간음등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault against the defendant for 40 hours.
1. Summary of grounds for appeal;
A. Improper sentencing of the lower court (one year and six months of imprisonment, and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.
B. It is unreasonable for the court below to order the defendant to disclose or notify personal information for a period of two years, even though there are special circumstances that the defendant should not disclose or notify personal information.
2. Determination
A. 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, disclosure of personal information of a person who has committed a sexual crime shall be notified to the public, and there are special circumstances that may not be an exception to such disclosure.
If it is judged, it shall be removed.
There is a special reason not to disclose personal information.
In determining whether a case constitutes “a case” shall 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, consequence, seriousness of the crime, etc. of the crime, characteristics of the crime, such as disclosure order or notification order, the degree of disadvantage and expected side effects of the Defendant’s entrance, the preventive effects and effects of sexual crime subject to registration that may be achieved therefrom, and the effects of protecting the victims of sexual assault subject to registration (see Supreme Court Decision 2011Do163, Feb. 23, 2012, etc.). (b) The following circumstances recognized by the evidence duly adopted and investigated by the lower court, namely, (i) the Defendant has no record of punishment for the same crime; (ii) the Defendant was committed in the first instance court; and (iii) the Defendant was relatively clear that his family and social relative relationship is; and in this case, the Defendant also appears to reflect the Defendant’s order through the registration of personal information and the completion of sexual assault treatment program.