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(영문) 서울고등법원 2015.03.20 2014노3974
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten years.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental disability due to unsound mental illness.

B. The lower court’s sentence of unreasonable sentencing (12 years of imprisonment) is too unreasonable.

C. Since there are special circumstances under which the Defendant’s order to disclose or notify personal information should not be disclosed or notified, it is unfair for the lower court to issue an order to disclose or notify personal information to the Defendant.

2. Determination

A. As to the claim of mental disability, in light of the background leading up to each of the crimes in this case, the means and methods of the crime, and the circumstances after the crime, etc., it is not deemed that the defendant had weak ability to discern things or make decisions at the time of each of the crimes in this case.

This part of the defendant's assertion is without merit.

B. As to the unlawful assertion of an disclosure or notification order, the determination of whether “other special circumstances exist that prohibit disclosure of personal information” as one of the grounds for exception to the disclosure or notification order should be made by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, etc., characteristic of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc., such as the type of the crime in question, the characteristic of the crime in question, such as the disclosure or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to the disclosure or notification order, the preventive effect of the sexual crime subject to registration

(See Supreme Court Decision 201Do16863, Feb. 23, 2012). The Defendant did not have any history of punishment for a sex offense, and the risk assessment scale of a sex offender in Korea (K-SORAS) against the Defendant is the total point of 10 points, and the risk of a sex offense is assessed at the level of “interim”, and the risk of a sex offense is assessed at the level of “low” as the total point of 5 points as the result of the screening scheme for a mental disorder (PC-R).

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