특정범죄가중처벌등에관한법률위반(보복범죄등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault, 80 hours against the defendant.
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years of imprisonment for a maximum term, one year and six months) is too unreasonable.
B. A prosecutor 1) Although it is difficult to view that there is a special reason to not disclose or notify the Defendant’s personal information regarding exemption from disclosure notification order, the lower court exempted Defendant’s personal information disclosure notification order on the grounds that there is no risk of recidivism rather than the requirement of disclosure notification order. In so doing, the lower court erred by misapprehending the facts concerning the requirements for disclosure notification of personal information or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unfair sentencing is too unreasonable
2. Determination
A. As to the prosecutor’s assertion on exemption from disclosure and notification order, the determination should be made by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc., the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure or notification order, the preventive effect of the sexual crime subject to registration, the effect of the sexual crime subject to registration to be achieved, the protection effect of the victim from the sexual crime subject to registration, etc.
(See Supreme Court Decision 201Do16863 Decided February 23, 2012, etc.). The lower court should not disclose or notify the Defendant’s personal information in light of all the circumstances, including the following: (a) the Defendant was a first offender as a juvenile; and (b) the Defendant, who was requested by the victim who was in a personal relationship to decide upon the crime, was committed by the victim, and it was difficult to deem the Defendant as having the risk of recidivism of sexual crimes.