성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for three years.
. Information on the Defendant.
1. Summary of grounds for appeal;
A. An order to disclose personal information, a location tracking device attachment order, and an electronic device attachment order are seriously against the Defendant’s wrong conduct, and is actively against the Defendant’s wrong conduct, and social relation is clear, and considering the Defendant’s health, occupation, etc., it is not necessary to disclose and notify the Defendant’s personal information, and it is improper to order to attach an electronic tracking device.
B. The sentence (five years of imprisonment, etc.) imposed by the lower court on the Defendant and the person requesting the attachment order (hereinafter “Defendant”) is too unreasonable.
2. Determination
A. As to the part of the Defendant case’s (i) the crime of the lower judgment’s holding on the unjust assertion of an order to disclose personal information constitutes a sexual crime subject to registration under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Protection of Children and Juveniles against Sexual Abuse Act. The said Act provides that the said act shall be exempted only when it is deemed that there is a “special circumstance” that may not exceptionally lead to disclosure of personal information of the
However, in full view of the type, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects that the Defendant would suffer due to the disclosure disclosure order, the preventive effect of the sexual crime that could be achieved therefrom, and the effect of the protection of the victim, which can be recognized by the evidence duly adopted and investigated by the lower court, it is difficult to view that there is “special circumstances” where the Defendant’s personal information should not be disclosed or notified.
Therefore, this part of the defendant's assertion is without merit.
The court below held that the defendant who committed each crime as stated in the judgment of the court below, February 3, 2013, and Article 49 (1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse.