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(영문) 수원지방법원 2017.07.06 2016노8897
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defense counsel (unlawful in sentencing) recognized the Defendant’s mistake and reflects the fact that there is no record of criminal punishment, etc., the lower court’s sentence that sentenced to a fine of KRW 5,000,000, orders to complete sexual assault treatment programs for 40 hours and confiscation is too unreasonable.

B. It is unreasonable for the court below to exempt the Defendant from an order to disclose the registered information without any specific reasons in light of the prosecutor’s (1) exemption order for disclosure disclosure, the content of the crime of this case, possibility of recidivism, etc.

(2) In light of the fact that the crime of this case was committed by the Defendant using the camera function of smartphones in a total of 10 times, and it is not good that the Defendant committed the crime of this case, and that the Defendant did not compensate for the damage, the sentence of the lower court is too uneasible.

2. Determination

A. 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, a prosecutor’s disclosure of personal information on a sex offender is required, and there are special circumstances that may not be an exception.

If it is judged, it shall be removed.

There is a special reason not to disclose personal information.

In determining whether a case constitutes “a case” means 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, and the effectiveness of preventing sexual crimes subject to registration and protecting the victim from the sexual crimes subject to registration.

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