아동ㆍ청소년의성보호에관한법률위반(강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. In full view of Defendant 1’s age, occupation, details and circumstances of the crime of indecent act by compulsion of this case, relationship between the Defendant and the victim, etc., the lower court ordering the Defendant to disclose and notify the Defendant’s information through an information and communications network for three years is unreasonable. (2) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion on disclosure and notification order, whether it constitutes “any other special circumstance that may not disclose personal information” as one of the grounds for exception to disclosure and notification order under Articles 49(1) and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse 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 of the relevant crime, seriousness of the relevant crime, etc., the degree of disadvantage and anticipated side effects of the Defendant’s entry due to disclosure or notification order, the preventive effects of sex offenses against children and juveniles that may be achieved therefrom, and the effects of protecting children and juveniles from sexual crimes, etc.
(See Supreme Court Decision 201Do14676 Decided January 27, 2012 (see, e.g., Supreme Court Decision 2011Do14676, Jan. 27, 201). The evidence duly adopted and examined by the lower court, and the following circumstances revealed by agreements, written applications for coal and punishment, written applications, and written applications submitted by the lower court and the defense counsel of the Defendant to the lower court, i.e., the Defendant did not have been punished for sexual crimes prior to the instant crime, and the Defendant’s social relation is obvious, and the Defendant is seriously against his/her fault, thereby imposing a security measure, such as an order for disclosure