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(영문) 대전고등법원 (청주) 2016.07.14 2016노48
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the defendant is illegal to exempt the defendant and the respondent for an attachment order (hereinafter "defendant") from the disclosure order and notification order of personal information.

2) The sentence of the lower court’s unfair sentencing (two years and six months of imprisonment, three years of suspended execution, and order to attend a course) is deemed too unhued and unreasonable.

B. The lower court’s dismissal of the Defendant’s request for attachment order against the Defendant, even though the Defendant’s risk of repeating sexual crimes, is unlawful.

2. Determination:

A. As to the unlawful assertion of exemption from disclosure order and notification order, 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 requires the exemption from disclosure and notification of personal information of all sex offenders against children and juveniles under special circumstances.

Whether there are special circumstances that may not disclose personal information shall be determined by comprehensively taking account of the defendant's age, occupation, risk of recidivism, etc. characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime, characteristics of the crime, such as disclosure order or notification order, the degree and anticipated side effects of the disadvantage suffered by the defendant due to the disclosure order or notification order, and the effect of preventing sex crimes that may be achieved (see Supreme Court Decision 2011Do14676, Jan. 27, 2012). In addition, the defendant did not have any history of punishment for sexual crimes before the crime of this case, and the results of the evaluation of risk assessment of Korean sexual offenders before the request from the Korean examination are deemed to have not been significantly dangerous to prevent sexual crimes again, such as the registration of personal information and the degree of side effects that can be achieved by taking treatment of sexual assault.

(b) other.

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