준강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
information about the defendant for five years.
1. Summary of grounds for appeal;
A. The sentence of the lower court (ten months of imprisonment and eight hours of sexual assault treatment programs) against the Defendant and the person for whom the attachment order was requested (hereinafter “Defendant”) in part of the Defendant case is unreasonable as it is too uneasible.
B. It is determined that the defendant's risk of recidivism is very high in light of the result of the Korean sex offender risk assessment (K-SORAS) and the result of the PC-R evaluation of mentally ill persons (PCL-R), the same criminal records, etc.
Nevertheless, it is unreasonable for the court below to dismiss the request for attachment order.
2. Prior to the judgment on the grounds of appeal as to the part of the defendant's case, the court below's ex officio determination as to the part of the defendant's case is examined
A) Article 37(1) main text of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) provides that “The court shall issue an order to disclose any sex offender, etc. subject to registration through an information and communications network during the registration period, such as the name, age, address, etc. of the person who committed the sexual crime subject to registration (hereinafter “order to disclose information”) under paragraph (3) of the same Article, along with a judgment on the sex offense subject to registration.” The court shall issue an order to notify any person subject to disclosure of information subject to registration, such as a person who committed sexual crime subject to registration among those subject to disclosure of information, to notify the local residents, etc. of the Eup/Myeon/Dong in which the person subject to disclosure of information under paragraph (3) resides during the disclosure period (hereinafter
corporation shall be sentenced simultaneously with the judgment of the sex offense case subject to registration.
In the proviso of each provision, "where it is judged that there is a special reason to not disclose personal information" as an exception to the case where disclosure or notification order should be issued.