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(영문) 수원지방법원 2017.05.25 2016노7262
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that a defense counsel (unlawful in sentencing) recognized a mistake and reflects the Defendant, there is no record of criminal punishment, and the degree of prosecution is relatively minor, the sentence of the lower court that sentenced a fine of KRW 3,000,000 and a program to complete a sexual assault treatment program for 40 hours 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, who was seated in the side of the victim in the bus and was in an indecent act against the victim, and that the crime of this case was not committed, the sentence of the lower court is too uneasible and unreasonable.

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 the case of judgment, whether it constitutes "a 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, effects of preventing sexual crimes subject to registration, and effects of protecting the victim from the sexual crimes subject to registration.

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