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(영문) 부산고등법원 2017.03.15 2017노23
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In principle, a prosecutor of the misunderstanding of the legal doctrine provides that "the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse shall disclose and notify the personal information of a sex offender, and the court below's failure to disclose and notify the personal information of the defendant, in the absence of special circumstances that shall not disclose and notify the personal information of the defendant, has erred by misapprehending the legal principles on exemption from the order to disclose

The argument is asserted.

B. As to the punishment of the court below (the defendant and the prosecutor), the defendant asserts that the punishment of the court below (two years and six months of imprisonment, order to complete the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course of the course

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, disclosure and notification of personal information of a person who has committed a sexual crime to the public, there are special circumstances that may not be an exception to such disclosure.

If it is judged, it shall be removed.

There is a special reason not to disclose or notify personal information.

Determination of whether a case constitutes “a case to be determined” ought to be made 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 relevant crime, characteristics of the crime, such as disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance, the preventive effects and effects of the sexual crime subject to registration that may be achieved therefrom, and the effects of protecting the victims from the sexual crime subject to registration (see Supreme Court Decision 2011Do163, Feb. 23, 2012). The Defendant is different from the sexual crime.

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