성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
The judgment of the court below is reversed.
The punishment of the accused shall be determined by two years and six months of imprisonment.
except that this judgment.
1. In full view of the Defendant’s age, character and conduct, records, background and method of crime, details and nature of crime, and the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure notification order, the effectiveness of the prevention of sexual crimes that may be achieved therefrom, and the effect of protecting the victim, the court below’s decision on the improper assertion of the disclosure and notification order of personal information and the evidence duly adopted and examined by the court below and this court, it is deemed that there are special circumstances where the Defendant’
The judgment of the court below ordering the defendant to disclose or notify personal information is unlawful.
This part of the defendant's argument is justified.
2. The judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing, on the grounds of the above reversal, and it is again decided as follows.
【Grounds for the Judgment of multiple times】 Criminal facts recognized by the court in charge of criminal facts and summary of evidence and summary of evidence are the same as the relevant column of the judgment below, and thus, it shall be quoted pursuant to Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 6 (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020); Article 298 of the Criminal Act
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated for the reason of sentencing);
1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. The personal information of the Defendant is personal on the same grounds as the judgment on the grounds for appeal under the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019).