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(영문) 대구고등법원 2016.02.16 2015노385

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. As to the part of the case of the Defendant, the lower court rendered a judgment dismissing the prosecutor’s request regarding the part on which the request for attachment order was filed, the lower court did not have any interest in appeal regarding the part on which the request for attachment order was filed.

Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part of the case of

2. Summary of grounds for appeal;

A. According to the details and contents of the instant crime committed in violation of the disclosure order and notification order, the family relationship of the Defendant, etc., there are special circumstances under which the information of the Defendant may not be disclosed or notified.

Therefore, the judgment of the court below ordering the disclosure and notification of the defendant's information for a period of two years is unlawful.

B. The sentence of the lower court’s improper sentencing (two years of suspended sentence for one year of imprisonment) is too unreasonable.

3. Determination

A. As to the assertion on the disclosure order and notification order, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse shall, in principle, disclose and inform all persons who have committed sexual crimes of personal information in order to defend our society from sexual crimes, there are special circumstances that may not be an exception to such disclosure order.

only if it is judged, it shall be exempted.

In addition, there are special circumstances in which personal information shall not be disclosed, as provided for in the exception of disclosure order and notification order.

In the case of judgment, the issue of whether the defendant constitutes "a crime" is an order for disclosure or notification, such as the defendant's age, occupation, risk of recidivism, etc., the characteristic of the crime, such as the type, motive, process, result, seriousness of the crime.