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(영문) 서울고등법원 2016.12.09 2016노2761
성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the defendant 1) The improper defendant and the person requesting an attachment order (hereinafter referred to as the "defendant") who committed an unlawful disclosure and notification order.

(2) The lower court’s sentence of unreasonable sentencing is too unreasonable, because it is too unreasonable to exempt the disclosure notification order from the disclosure notification order.

B. The part of the case for which the attachment order is requested (unfair attachment order) does not pose a risk of recommitting a sexual crime.

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, with respect to unjust disclosure and notification orders, personal information of a person who has committed a sexual crime shall be exempted only in cases where it is judged that there are special circumstances that may not be an exception to such information, while disclosing and notifying the personal information of the person who has committed the sexual crime at the same time as the judgment in principle. The court below held that the type, motive, method and content of the sexual crime of this case acknowledged by each evidence duly adopted and examined by the court below, severity of the crime, and the degree of disadvantage and anticipated side effects of the defendant's injury caused by the disclosure and notification order, and the protection effect of the victim, it cannot be deemed that there are special circumstances that need not disclose the personal information of the defendant, and the period of the court below's decision is reasonable. The defendant's allegation in this part is without merit.

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