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(영문) 광주고등법원 (전주) 2013.10.22 2013노190
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
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.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is unjust for three years that the court below ordered the defendant to disclose and notify personal information.

2. Determination is based on Article 38(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same), the proviso to Article 38(1)1 and Article 38-2(1)1 of the same Act, and the proviso to Article 38-2(1)1 of the same Act, “a court shall, by its judgment, sentence a person who has committed a sexual crime against a child or juvenile to disclose or notify a sex offense case at the same time as the judgment of the sex offense case against a child or juvenile: Provided, That the same shall not apply where a fine is imposed for a sex offense case against a child or juvenile, the defendant is a child or

Here, whether a case constitutes “the disclosure of personal information” as an exception to an disclosure order or notification order ought to be determined 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 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 disadvantage, the preventive effects of the sexual crime subject to registration to be achieved, and the effect of protecting the victims of the sexual crime subject to registration.

(see Supreme Court Decision 201Do16863, Feb. 23, 2012). Therefore, the crime of this case is an indecent act committed by the Defendant, i.e., the first offender who had no criminal record prior to the instant case, (i) a person under the influence of alcohol due to intrusion upon another person’s residence, and (ii) a person under the influence of alcohol by committing an indecent act, such as exceeding the clothes of the victim, and drinking. However, the Defendant is drunk.

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