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(영문) 서울고등법원 (춘천) 2016.03.23 2015노239
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental and physical weakness was under the influence of alcohol at the time of each of the instant crimes.

2) The sentence of the lower court’s unfair sentencing (two years and six months of imprisonment) is excessively unreasonable.

B. It is unlawful to exempt the Defendant from issuing an order to disclose and notify personal information, which is erroneous in the misapprehension of the legal principle.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by this court as to the assertion of mental and physical weakness, the Defendant may be deemed to have served a certain level of alcohol at the time of the instant crime. However, in light of various circumstances, such as the background of the crime, method of the crime, the Defendant’s act at the time of the crime and before and after the commission of the crime, and the fact that the Defendant is relatively probnating the situation at the time of the crime, it does not seem that the Defendant did not seem to have reached a state where the right

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

B. Article 47(1) and the main text of Article 49(1) and the main text of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which applies mutatis mutandis under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, to disclose and notify all sex offenders’ personal information, and is exempt from the disclosure and notification, except in extenuating circumstances.

Whether there are any special circumstances in which personal information shall not be disclosed shall be determined by taking into account the defendant's age, occupation, risk of recidivism, etc. characteristics of the offender, such as the type and motive of the crime, process of the crime, seriousness of the crime, etc., characteristics of the crime, such as disclosure order or notification order, degree of disadvantage and anticipated side effects of the defendant's disadvantage, and effects of preventing sex crimes that can be achieved by such order.

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