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(영문) 대전고등법원 2019.11.29 2019노336

준강간치상

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The lower court’s sentence of unreasonable sentencing (six years of imprisonment, etc.) is too heavy. 2) It is unreasonable to order the unfair Defendant to disclose and notify personal information for five years against the disclosure and notification order.

B. Prosecutor’s unreasonable sentencing: The lower court’s sentence is too minor.

2. Determination

A. 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, in principle, disclose and notify the personal information of all persons who have committed sexual crimes in order to defend our society from sexual crimes, and shall be exempted from such disclosure and notification only where there are special circumstances that may not be an exception to such disclosure and notification.

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 the type, process, consequence, and seriousness of the crime, degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure order or notification order, prevention of sexual

(See Supreme Court Decision 201Do16863 Decided February 23, 2012, etc.). The Defendant committed the instant crime against a victim aged 81 who lives in the same village. The Defendant committed a temporary act during the commission of the instant crime, thereby inflicting bodily injury on the victim, and assaulting the victim who fighted, other than the Defendant’s age, power, risk of repeating the instant crime, circumstance and method of the instant crime, disclosure and notification order, which can be achieved due to the disadvantage of the Defendant and its consequence.