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(영문) 대전고등법원 2019.03.29 2018노559
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

1. Although there are special circumstances that may not disclose or notify the personal information of the defendant against the summary of the grounds for appeal, it is unfair that the court below ordered the defendant to disclose or notify the personal information of the defendant for three years.

2. Determination

A. The issue of whether a disclosure order or notification order under the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse constitutes “where it is deemed that any other special circumstance exists that may not disclose personal information” should 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 offense, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure and notification order, effects of preventing sex offenses against children and juveniles, effects of protecting children and juveniles from sex offenses, etc.

(see, e.g., Supreme Court Decision 2011Do14676, Jan. 27, 2012). B.

It is recognized that the defendant committed sexual crimes, such as indecent act by force, on several occasions against juveniles and adults.

However, as a result of the evaluation conducted by KSSORAS and PCL-R on the defendant, the defendant's primary crime is the 27 years of age, and the overall risk of recidivism is the 12 points and 4 points of total, respectively.

The crime of this case appears to have been committed by contingency while being committed, and it is difficult to view that there is a habit of sexual assault against the defendant.

The accused voluntarily receives counseling and treatment with a mental health and efforts to block the risk of recidivism by himself.

The relationship between the defendant and social ties is clear, the mother of the defendant is also responsible, and the defendant's intent to protect and supervise the defendant is clarified.

The defendant is in depth against his will and is against his will.

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