강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence imposed by the court below on the defendant (two years of imprisonment, three years of suspended execution) is too unreasonable.
B. It is unreasonable for the court below to order the defendant to disclose or notify personal information for three years, notwithstanding special circumstances that the defendant should not disclose or notify personal information.
2. Determination as to the unjust argument regarding the disclosure notification order
A. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse shall allow disclosure and notification of personal information of all persons who have committed sexual crimes, in principle, in order to defend our society from sexual crimes, to be exempted from such disclosure and notification only in cases where there are special circumstances that may not be an exception.
Here, whether a case constitutes “where it is deemed that there are special circumstances to prohibit disclosure of personal information” as a ground for exception to disclosure order and notification order should 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, etc. of the crime, characteristics of the crime, such as the crime, such as the type, consequence, and seriousness of the crime, degree of disadvantage and anticipated side effects of the Defendant’s entry due to disclosure order or notification order, prevention of sexual crimes subject to registration, effects of protection
(See Supreme Court Decision 201Do16863 Decided February 23, 2012). B.
In light of the above legal principles, the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① there was no record of punishment for sexual crimes committed by the defendant except for the crime of this case, ② The crime of this case was committed by the victim who was aware of his job and experienced a sense of peace.