강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence of the court below that sentenced the defendant (unfair punishment) to complete a sexual assault treatment program for 6 months or 40 hours of imprisonment is too unreasonable.
B. It is unreasonable for the court below to exempt the prosecutor (1) from the disclosure notification order despite the need to restrain unfair recidivism.
(2) In light of the fact that the crime of this case of unfair sentencing is not good and that the victims want to punish the defendant, etc., the sentence of the court below is too uneasible and unfair.
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 a case constitutes “where it is deemed that there is a special reason not to disclose personal information” shall be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of an offender, such as the type, motive, process, consequence, seriousness of the offense, etc. of the offense, characteristics of the offense, such as disclosure order or notification order, degree and anticipated side effects of the disadvantage the Defendant suffers, preventive effects of sexual crimes subject to registration to be achieved, and effects of the protection of victims from sexual crimes subject to registration, etc.
(See Supreme Court Decision 201Do16863, Feb. 23, 2012). The Defendant’s mistake is against the Defendant, and there is no history of criminal punishment for sex crimes, and in this case, personal information registration alone appears to have the effect of preventing recidivism, and the Defendant’s age, occupation, and occupation.