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(영문) 수원지방법원 2015.09.01 2015노118

강제추행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of prosecutor's grounds for appeal;

A. The lower court exempted the Defendant from an order to disclose personal information without specific and clear grounds, which violates the purport of requiring the Defendant, who committed a crime of indecent act by compulsion in the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, to simultaneously issue a written order to disclose personal information.

B. In light of the fact that each of the crimes of this case on unfair sentencing committed by the Defendant committed an indecent act against the victim E at a place where many people pass, and that it is not good that the crime was committed by assaulting the victim F who reported the crime to the police, and that the victim E and the Defendant did not recover from damage, and that the Defendant was highly likely to repeat the crime, the lower court’s sentence that sentenced the Defendant to a fine of 4 million won and the order to complete a sexual assault treatment program for 40 hours is too uneasible.

2. Determination

A. According to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in principle, the disclosure and notification of personal information of a person who has committed a sexual crime to the public, and where it is deemed that there are special circumstances that may not be an exception, such exemption shall be exempted.

Whether it constitutes “where it is deemed that there is a special reason not to disclose personal information” shall be comprehensively considered the Defendant’s age, occupation, risk of recidivism, characteristics of an offender, such as the type, motive, process, result, seriousness of the offense, etc. of the offense, characteristics of the offense, such as disclosure order or notification order, the degree and anticipated side effects of the disadvantage the Defendant suffers, the preventive effects of sexual crimes subject to registration which may be achieved due to such order, and the protection effect of victims from sexual crimes subject to registration.