성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. The lower judgment ordering the Defendant to issue an order to disclose or notify personal information, despite special circumstances that could not disclose personal information to the Defendant, is unreasonable.
B. The lower court’s sentence of unreasonable sentencing (the completion of a sexual assault treatment program for one year and six months, 40 hours of imprisonment, disclosure and notification order for three years, employment restriction order for three years, confiscation) is too unreasonable.
2. Determination
A. As to the assertion of misapprehension of the legal principles, Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be exempted only when it is judged that there is a "special circumstance" that shall not be exceptionally committed while allowing the disclosure and notification of personal information of all persons who have committed a sexual crime in principle. The defendant has a record of having been sentenced to punishment for the same crime on December 20, 2013. Nevertheless, the defendant again going to the crime in this case during the repeated crime period and again during the repeated crime period, and the defendant's age, occupation, social relationship, risk of recidivism, circumstance and consequence of the sexual crime in this case, disclosure and notification order, and all other circumstances such as the degree of disadvantage and expected side effects of the defendant's suffering from disclosure and notification order, it is difficult to accept the above argument by the defendant.
B. In addition to the circumstances properly explained by the court below on the grounds of sentencing, the defendant's age, including the fact that the victims do not want punishment by mutual consent with the victims when the defendant was in a trial, and that his family and his assistants want to make efforts for the correction of the defendant by wanting the defendant's wife against the defendant.