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(영문) 수원지방법원 2017.04.20 2016노6010
강제추행등
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 (unfair sentencing) reflects a mistake and that there is no record of criminal punishment for the same kind of crime, the lower court’s sentence that sentenced a fine of 5,000,000 won and orders 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 victims’ fear of sexual humiliation and sexual humiliation were likely to have occurred due to the crime of this case’s wrongful sentencing, and that the risk of recidivism is high, the lower court’s punishment 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 determining whether a case constitutes “a crime” 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 entrance, effects on the prevention of sexual crimes subject to registration, and effects on the protection of victims from the sexual crimes subject to registration (see Supreme Court Decision 23, Feb. 23, 2012).

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