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(영문) 부산고등법원 2015.04.01 2014노734

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the court below's decision is unfair to exempt the defendant from disclosure and notification orders, it is unfair to exempt the defendant from disclosure and notification orders, even though he/she should issue a new registration information disclosure and notification orders to the defendant.

B. Considering that the nature of each of the crimes in this case’s instant case’s penal punishment is heavy and the degree of damage is very serious, the sentence of the lower court’s sentence (two years and six months of imprisonment, the suspended sentence of three years, etc.) is too uneasible and unreasonable.

2. Determination

A. As to the unjust assertion of exemption from disclosure and notification order, the part of disclosure order is examined, and the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Protection Act”).

(1) In light of the above legal principles, the issue of whether the disclosure of personal information constitutes “where it is deemed that there is a special reason to prohibit disclosure of personal information” as a ground for exception to the disclosure order under the proviso of Article 49(1) ought to be determined by comprehensively taking account of the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc., the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order, the effectiveness and anticipated side effects of the disclosure order, the prevention of sexual crimes subject to registration, and the effect of protecting victims of sexual crimes subject to registration (see Supreme Court Decision 201Do14676, Jan. 27, 2012). In light of such legal principles, the following circumstances recognized by the records, namely, the Defendant’s first and second offense against the Defendant’s mistake, can be expected to have the effect of preventing recidivism, and the Defendant’s personal information disclosure should not be disclosed to the public through the disclosure order.