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(영문) 서울북부지방법원 2017.05.11 2017노551
강제추행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (the imprisonment of one year, and the order to complete a sexual assault treatment program for 40 hours) is too unreasonable.

The court below dismissed the defendant's request for disclosure and notification order to the public prosecutor. In light of the criminal records, the nature of the crime, the method of disclosure, etc., it is improper for the court below to exempt the defendant from disclosure and notification order, even though there are no special circumstances that the defendant should not disclose and notify the information.

It is unfair that the above sentence, which the court below decided against the defendant, is too unfluent.

As to the unjust argument that the prosecutor’s exemption from disclosure or notification order as to the grounds for appeal, there are special circumstances in which the disclosure or notification of personal information may not be disclosed or notified" provided for in the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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. of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an disclosure order or notification order, 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 2011Do14676, Jan. 27, 2012). In light of the foregoing legal principles, the Defendant recognized the instant crime and reflects the Defendant, and the Defendant committed a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion upon a public place) around 2014, there is no history of punishment for a sexual crime, and the completion of the personal information registration of the Defendant and the treatment program for sexual crimes against the Defendant.

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