성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the court below on the defendant (two years and six months of imprisonment, three years of suspended execution, etc.) is too uneasible and unfair.
B. It is unreasonable that the defendant's personal information is not disclosed or notified to the public, even though it seems that the defendant's improper exemption from disclosure or notification is highly likely to repeat.
2. Determination
A. The instant crime on the assertion of unfair sentencing is an indecent act committed by the Defendant on several occasions by force against the victim under 13 years of age, and its nature cannot be deemed to be less than that of the crime in light of the object and frequency of the crime. However, on the other hand, the Defendant recognized the instant crime, and is in depth divided and reflects the indecent act; the Defendant’s father does not want the Defendant’s punishment by mutual consent with his father; the Defendant’s father does not want the Defendant’s punishment; the Defendant does not have any specific criminal power other than the past punished twice by a fine of this kind; the Defendant has no specific criminal power other than the past punishment; the Defendant’s age, character and behavior, family environment, motive and background of the crime, means and method of the crime, and circumstances before and after the crime, etc.; thus, the Prosecutor’s assertion in this part of this case is without merit.
B. Determination of unjust grounds for exemption from disclosure disclosure order constitutes “any other special circumstances deemed to prohibit disclosure of personal information” provided for in the proviso to Articles 38(1) and 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012) as one of the grounds for exception to disclosure order and notification order, under the proviso to Article 38-2(1) of the same Act, as to the following grounds: Defendant’s age, occupation, risk of recidivism, etc.; Defendant’s characteristic of the crime, such as the type, motive, process, consequence, and gravity of the crime; and Defendant’s disclosure order or notification order.