미성년자의제강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Sexual assault against the defendant for 80 hours.
In light of the fact that the defendant was found to have committed an offense and the victim and his mother expressed their intention that they not want to be punished by compensating for damages, etc. when the appellate brief of the grounds for appeal is in question, it is unreasonable for the lower court to impose an order to attend the lecture for treatment of sexual assault for a period of one year and half years and 80 hours, so that the sentence of the lower court is too unreasonable.
In light of the contents of the crime of this case, which was improper to exempt the prosecutor from disclosure disclosure order, the possibility of recidivism, etc., it is unreasonable for the court below to exempt the defendant from disclosure disclosure order without specific reasons.
In light of the fact that the crime of this case was committed in a high-class relationship with the defendant, but it is not good that the defendant committed an indecent act by inserting fingers in several times in the victim's resistances of 10 years of age, and that the crime of this case appears to have suffered mental pain due to the crime of this case, and that the defendant did not seriously reflect the defendant while denying the crime and did not compensate for damage, the sentence of the court below is unfair.
Judgment
According to Articles 38(1) and 38-2(1) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012), a prosecutor’s unfair assertion of disclosure disclosure order is subject to the disclosure of personal information of a person who committed a sexual crime against a child in principle, and there are special circumstances that may not be an exception to disclosure of personal information of a person who committed a sexual crime against a child.
If it is judged, it shall be removed.
There is a special reason not to disclose personal information.
In the case of judgment, whether the defendant constitutes "a crime" is due to the defendant's age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, result, seriousness of the crime, etc., and disclosure order or notification order.