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(영문) 부산고등법원 2017.06.21 2017노144
살인등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that exempted the Defendant from an order to disclose or notify personal information is unfair.

B. The sentencing of the court below (the defendant, the prosecutor) is too heavy or uncomfortable. The sentencing of the court below (25 years of imprisonment, 40 hours of order to complete a program, confiscation) is unfair.

2. Determination

A. As to the public prosecutor’s unfair assertion of exemption from disclosure or notification order, 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, there are special circumstances that the personal information of a sex offender shall, in principle, be disclosed and notified to the public, be exceptionally prohibited.

rule that exemption shall be granted if it is determined.

There is a special reason not to disclose or notify personal information.

Determination of whether a case constitutes “a case to be determined” ought to be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime, characteristics of the crime, such as disclosure order or notification order, the degree and expected side effects of disadvantage to the Defendant’s injury, the preventive effects and effects of the sexual crime subject to registration that may be achieved therefrom, and the effects of the protection of the victims from the sexual crime subject to registration (see Supreme Court Decision 2011Do163, Feb. 23, 2012). The following circumstances revealed by the evidence and records duly adopted and investigated by the lower court, namely, the Defendant did not have any record of criminal punishment, and if the Defendant recognized the crime of injury, such as rape, etc. in the trial, and the Defendant and the victim’s relationship with the Defendant and the victim do not seem to have a habit of a sexual crime against many unspecified persons in light of the Defendant’s sexual crime.

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