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(영문) 서울고등법원 2021.03.11 2020노2338

강제추행등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) An order to disclose and notify personal information, and an unfair employment restriction order issued by the Defendant is unreasonable to order the lower court to disclose and notify personal information to the Defendant for a period of three years, and to order the restriction on employment for a period of five years.

2) The punishment sentenced by the lower court (one year of imprisonment, etc.) is too unreasonable.

(b) It can have the effect of preventing re-offending even by registering, disclosing, notifying, etc. personal information of the accused for whom a request for attachment order is filed;

Since the court below's order to attach an electronic tracking device to the defendant for a period of five years is unreasonable.

2. Determination

A. Defendant 1) As to the assertion of unfair disclosure and notification orders and unfair employment restriction orders, 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, in principle, requires disclosure and notification of personal information of all sex offenders to defend our society from sexual crimes, there are special circumstances that may not be an exception to such disclosure and notification.

only if it is judged, it shall be exempted.

Here, there are special circumstances in which personal information shall not be disclosed, as provided for in the exception of the disclosure order and the notification order.

The issue 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, consequence, seriousness of the crime, etc., characteristics of the crime, such as disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, effects on the prevention of sexual crimes subject to registration, effects on the protection of victims from the sexual crimes subject to registration (Supreme Court Decision 2012.