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(영문) 서울고등법원 2017.08.22 2017노1392

아동ㆍ청소년의성보호에관한법률위반(강간등치상)등

Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

For the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below against the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendants") (unlawful sentencing) is unfair because it is too unreasonable to order the defendant to complete a sexual assault treatment program for 3 years and 6 months and 80 hours).

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant in the part of the Defendant case (unfair sentencing) is too uneasible and unreasonable.

2) It is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case even if the part of the request for attachment order is likely to recommit a sexual crime

2. Determination

A. In the part of the case of the defendant (ex officio determination on an order to disclose personal information), there are special circumstances in which the disclosure of personal information may not be made, stipulated under the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children from Sexual Abuse as one of the grounds for exception to disclosure order and notification order.

In determining whether a case constitutes “a case” ought to be determined 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. of the crime, characteristics of the crime, such as disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s injury, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims from the sexual crime subject to registration (see, e.g., Supreme Court Decision 2016Do14230, Nov. 10, 2016). The lower court held that the Defendant has no history of punishment for a sexual crime, the sentence against the Defendant, the registration of personal information, and the effect of preventing re-offending can be prevented even with the completion of the

The age, occupation, family environment, social relationship, disclosure order or notification order of the defendant appears to be the target of registration that can be achieved due to the adverse effects and expected side effects of the defendant's entry.