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(영문) 서울고등법원 2016.10.07 2016노2192

감금치상등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no special reason to exempt the unfair Defendant from the disclosure notification order.

B. The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. As to the wrongful assertion of exemption from disclosure disclosure disclosure order, whether the case constitutes “where there is a special reason to prohibit disclosure of personal information” as a ground for exception to disclosure disclosure order should be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, etc., characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime in question, the degree of disadvantage and anticipated side effects of the Defendant’s injury due to disclosure disclosure notification order, the prevention effect of sexual crimes subject to registration and the effect of protecting victims of sexual crimes subject to registration, etc.

(2) The lower court determined that the Defendant’s personal information should not be disclosed in light of all the circumstances, including the following: (a) the Defendant’s age, family environment, and social relationship, and (b) the effect of preventing the Defendant’s recidivism is relatively less likely than the disadvantages and anticipated side effects that may be achieved due to the disclosure notification order, in light of all the following: (a) the lower court determined that the Defendant’s personal information should not be disclosed, considering the following circumstances: (b) the Defendant’s personal information is not a sexual crime against many unspecified persons; (c) the Defendant has no record of identical sex crimes; and (c) the Defendant’s personal information registration and the completion of sexual violence treatment programs with respect to the Defendant appears to have an effect to prevent the Defendant’s recidivism; and (d) the effect of preventing sexual crimes, which may be achieved by the disclosure notification

Examining the evidence duly adopted and examined by the court below in light of the above legal principles, the above judgment of the court below is just and there is a prosecutor.