성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Sexual assault against the defendant for 80 hours.
1. Summary of grounds for appeal;
A. In light of the fact that the defendant and his defense counsel (1) misjudgments the legal principles against the wrong defendant, and that the defendant's children are likely to suffer from mental suffering if the disclosure of personal information is notified, there are special circumstances that may not disclose the defendant's personal information.
Nevertheless, the court below erred by misapprehending the legal principles regarding an order to disclose and notify personal information by issuing an order to disclose personal information for a period of three years, which affected the conclusion of the judgment.
(2) In light of the fact that the court below’s sentence imposing orders to complete sexual assault treatment programs for a period of 6 months and 80 hours is too unreasonable, since the court below’s sentence is too unreasonable, in light of the fact that the defendant’s error in sentencing is recognized, and the victim expressed his intent that he does not want the punishment
B. In light of the fact that there are many kinds of records that the prosecutor (unfair sentencing) accused was punished for the same kind of crime, the lower court’s sentence is too uneasible and unfair.
2. 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 shall be notified to the public, and 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.
In the case of judgment, whether it constitutes "the defendant's age, occupation, risk of recidivism, etc., characteristics of the offender, such as the type, motive, process, result, 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, and thereby, it shall be achieved.