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(영문) 대구고등법원 2017.11.16 2017노454
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

For a period of three years, information about the defendant.

Reasons

The summary of the grounds for appeal is limited to the defendant and the person who requested an attachment order (hereinafter referred to as "defendant").

The reason for appeal submitted by the defense counsel of the defendant was stated as the reason for appeal, but the defendant and defense counsel explicitly withdrawn the argument of mental and physical weakness at the first trial date.

The punishment sentenced by the court below (one year of imprisonment, and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

The sentence imposed by the court below in the part of the case against the defendant by the prosecutor is too uneasible and unfair.

It is improper for the court below to dismiss the defendant who is in danger of reoffending an attachment order request.

Judgment

Before making ex officio judgment on the part of the Defendant’s disclosure and notification order, the lower court ex officio found the Defendant guilty of the crime of indecent conduct in the instant case, but, in light of the fact that the Defendant’s violation of the crime and the completion of the registration of personal information and the sexual assault treatment program alone seems to reduce the risk of recidivism, exempted the Defendant from disclosure and notification order under special circumstances where disclosure and notification of personal information should not be made.

In the proviso to Articles 47(1) and 50(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, there are special circumstances under which personal information may not be disclosed, which provides for exceptions to disclosure orders and notifications under the proviso to Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which apply mutatis mutandis pursuant to Articles 47(1) and 49(1

In the case of judgment, whether it constitutes "a crime" shall be the defendant's age, occupation, risk of repeating a crime, characteristics of the offender, such as the type, motive, process, result, 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, and sexual crime subject to registration which may be achieved therefrom.

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