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(영문) 수원지방법원 2017.05.25 2016노7264
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the public prosecutor;

A. It is unreasonable for the court below to exempt the Defendant from an order to disclose the registered information without any special circumstances despite the need to disclose the Defendant’s registered information in light of the content of each of the crimes of this case, which was improper to exempt the disclosure disclosure order.

B. In light of the fact that the crime of this case committed each of the crimes of this case was committed by the defendant against the victim's will by providing the victim with a photograph of her part of her her m, her m, etc., and transmitting the photograph of the Defendant's sexual organ to the victim's cell phone, it is not clear that the crime was committed, and that the victim wishes to punish the defendant, the court below's sentence that sentenced the defendant to the suspension of execution three years, 160 hours, and 40 hours of the community service order and the order to attend the lecture for sexual assault treatment is too uncomfortable.

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, disclosure of personal information of a sex offender should be given to the public, and there are special circumstances that need not be given exceptional cases.

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 crime" shall 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 of the relevant crime, results, seriousness of the crime, 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, effects of protecting the victims of sexual crimes subject to registration, etc.

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