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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the period of two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment, two years of suspended execution, and forty hours of lectures to treat sexual assault) is too unreasonable.
B. Although there are special circumstances to prevent the defendant from disclosing or notifying the disclosure of personal information, it is unreasonable for the court below to order the disclosure of personal information.
2. Determination
A. As to the unfair argument of sentencing, in full view of the following factors: (a) the amount of sentencing indicated by the lower judgment, including the Defendant’s age, sex, environment, and all other conditions of sentencing specified in the arguments, and the scope of the recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court sentencing committee, the lower court’s punishment is too unreasonable, and thus, the Defendant’s allegation in this part is
B. As to the wrongful assertion of an order to disclose personal information, the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse, in principle, requires disclosure and notification of personal information of all persons who have committed sexual crimes to defend our society from sexual crimes, there are special circumstances that may not be an exception.
only if it is judged, it shall be exempted.
Here, there are special circumstances in which personal information shall not be disclosed, as provided for in the exception of the disclosure order and the notification order.
The issue 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., characteristics of the crime, such as disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order or notification order, the preventive effects of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims from the sexual crime subject to registration (Supreme Court Decision 201Do1163, Feb. 23, 2012)