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(영문) 수원지방법원 2016.07.21 2016노895

준강제추행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

Reasons

It is unreasonable for the court below to exempt the prosecutor's appeal from the disclosure disclosure notification order without any specific reasons despite the danger of recommitting the crime of this case.

In light of the fact that the Defendant’s crime of this case was committed by a male-parent body of the victim in a lele or on the surface of the water and that it is not good that the Defendant committed an indecent act because of an indecent act committed on July 30, 2014, and that there was a record of the Defendant’s suspension of indictment due to a forced indecent act committed on July 30, 2014, the lower court’s sentence ordering the Defendant to complete the sexual assault treatment program for 3,00,000 won and 40 hours is too unreasonable and thus, is unreasonable.

Judgment

According to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in principle, disclosure of personal information of a person who has committed a sexual crime to the public, there are special circumstances that may not be an exception to such disclosure.

If it is judged, it shall be removed.

There is a special reason not to disclose personal information.

Determination of whether a case constitutes “a case to be determined” shall 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 of the relevant crime, consequence, seriousness of the crime, etc., the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an disclosure order or notification order, the preventive effects and effects of the sexual crime subject to registration that may be achieved therefrom, and the effects of protecting the victims from the sexual crime subject to registration (see Supreme Court Decision 2011Do163, Feb. 23, 2012). Personal information in this case is personal information.