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(영문) 서울고등법원 2014.04.17 2014노97

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The lower court ordering the Defendant to disclose and notify personal information, despite special circumstances that may not disclose and notify the Defendant of the summary of the grounds for appeal.

2. In light of the following circumstances acknowledged by the records on the board: (a) the Defendant’s primary offender is committing the instant crime; (b) the Defendant appears to have committed the instant crime in a somewhat contingent and contingent manner; (c) the Defendant agreed with the victim that he/she was living together with his/her wife and wife in a stable occupation; and (d) the Defendant appears to have given a relatively general public notice of social relationship as he/she resides in the child care center under the Infant Care Act; and (e) the Defendant’s father is attending the child care center under the Infant Care Act to be notified of the information on disclosure; (b) the Defendant’s age, type, motive, process of the instant crime; (c) the process of the instant crime; (d) the effect of preventing sexual crimes subject to registration; and (e) the effect of protecting victims of sexual crimes subject to registration, etc., the Defendant’s personal information disclosure should not be given in full view of the Defendant’s age, the type and effect of the instant crime; and (d) other special circumstances.

Therefore, the court below ordered the defendant to disclose personal information.

The defendant's above assertion is with merit.

3. If so, the part of the judgment of the court below regarding an order to notify disclosure cannot be reversed, and an order to notify disclosure under Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is an incidental disposition to be declared simultaneously with a judgment of a sex offense case against a child or juvenile, and where the whole or part of the order to notify disclosure is unlawful, the part of the judgment of the court below should be reversed in its entirety, even if there

Therefore, it is necessary.