아동ㆍ청소년의성보호에관한법률위반(강제추행)
Defendant
All appeals by prosecutors are dismissed.
1. The decision of the court below on the gist of the grounds of appeal (two years of imprisonment with prison labor for a term of one year) is too unreasonable.
B. Prosecutor 1) The above sentence imposed by the lower court on the grounds of unfair sentencing is unreasonable because it is too uneasible and unfair. 2) It is unreasonable for the lower court to exempt the Defendant from the disclosure and notification order, even though there are no special circumstances that may not disclose or notify the personal information of the Defendant.
2. Determination
A. The judgment of the court below on the assertion of unfair sentencing by both parties (written in detail on the fourth and fifth pages of the judgment of the court below) is justifiable in light of the fact that the statutory punishment for the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (limited to imprisonment of not less than two years, or a fine of not less than 10,000 won, but not more than 30,000 won), the sentencing guidelines, other sentencing cases, and the act contrary to the purpose of the Act on the Protection of Children and Juveniles against Sexual Abuse is unclear, but there is insufficient grounds to regard that the sentence must be chosen and the suspension of execution is not possible in any case (the grounds for recommending the sentence according to the sentencing guidelines of the sentencing committee of the Supreme Court). In addition, in light of the fact that it appears that the defendant can choose the disposition of treatment, correction and edification within society to prevent re-offending through an order to attend the sexual assault treatment lecture, etc. instead, even if the additional sentencing materials added from the trial are added, it
Therefore, the above argument by the defendant and the prosecutor is without merit.
B. 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 the disclosure and notification of personal information of all persons who have committed sexual crimes to defend our society from sexual crimes, should not be exceptionally acknowledged.