아동ㆍ청소년의성보호에관한법률위반(성매수등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Sexual assault against the defendant for 80 hours.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (one year and six months, etc.) is too unreasonable.
B. Prosecutor 1) It is unreasonable for the lower court to exempt the Defendant from disclosure, notification, or employment restriction order, in the absence of special circumstances that would not disclose or notify the Defendant’s personal information, which is improper to exempt the Defendant from disclosure, notification, or employment restriction order.
2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.
2. Determination as to the prosecutor’s improper assertion regarding the prosecutor’s disclosure and notification order and exemption order of employment restriction order
(a) In relation to exemption from disclosure or notification orders, there are special circumstances in which disclosure or notification of personal information may not be disclosed or notified.
The issue of whether a criminal defendant is " shall be determined by comprehensively taking into account the defendant's age, occupation, risk of repeating a crime, characteristics of the crime, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime, the degree of disadvantage and anticipated side effects of the defendant's injury due to the disclosure order or notification order, the preventive effects and effects of the sexual crime subject to registration that can be achieved therefrom, and the effects of protecting the victim from the sexual crime subject to registration (see Supreme Court Decision 2011Do163, Feb. 23, 2012). The defendant is only the records of punishment for a crime of violation of the Act on the Punishment of Acts, such as arranging sexual trafficking, which has no force to be punished for a sexual crime (criminal three million won).
It can be effective to prevent recidivism to a certain extent by the sentence of imprisonment to the accused, order to complete sexual assault treatment programs, and registration of personal information.
Other circumstances such as the defendant's age, occupation, family environment, the background and result of the crime in this case, benefits and preventive effects expected by the disclosure or notification order, and disadvantages and side effects resulting therefrom, the defendant's personal information shall not be disclosed or notified.