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(영문) 서울고등법원 2012.12.07 2012노3121

성폭력범죄의처벌등에관한특례법위반(장애인강간)

Text

The defendant's appeal is dismissed.

Reasons

1. It is unfair that the court below ordered the disclosure and notification of personal information of the defendant against the summary of the grounds for appeal.

2. Articles 37(1) and 41(1) proviso to Article 37(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Board “where it is deemed that any special circumstance exists that may not disclose personal information,” among the grounds for exception to disclosure and notification order, 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, result, seriousness of the crime, etc., characteristics of the crime, such as the crime committed, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure or notification order, the degree of disadvantage and anticipated side effects of the crime committed by the Defendant, the preventive effect of the sexual crime subject to registration that may be achieved, and the effect of protecting the victims of the sexual crime subject to registration (see, e.g., Supreme Court Decision 2011Do1683, Feb. 23, 2012). Thus, it is justifiable to order the Defendant to disclose and notify the personal information of the sexual crime subject to registration.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.