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(영문) 서울고등법원 2015.02.05 2014노3448
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. The court below rendered a judgment dismissing the prosecutor's request with respect to a prosecuted case and the case claiming an attachment order. Accordingly, since only the defendant appealed to the part of the defendant's case, the part of the judgment below regarding the case claiming an attachment order among the judgment below is determined and excluded from the scope of the judgment of this court

2. Although there are special circumstances under which disclosure or notification of personal information should not be disclosed or notified to the defendant against the summary of the grounds for appeal, it is improper for the court below to issue an order to disclose or notify personal information to the defendant, and the period exceeds the period of suspension of execution and is too long.

3. Each of the instant crimes constitutes a sexual crime against a child or juvenile subject to an order to disclose information. The Act on the Protection of Children and Juveniles against Sexual Abuse provides that the disclosure of personal information of a person who committed a sexual crime against a child or juvenile shall, in principle, be exempted only when it is deemed that there are special circumstances that may not be an exception.

However, in full view of the type of the instant crime, the object and frequency of the crime, motive, process, consequence, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s damage caused by the disclosure order, the preventive effect of the sexual crime that may be achieved therefrom, and the effect of the protection of the victim, which can be recognized by the evidence duly adopted and examined by the court below, it is difficult to view that there is a special reason that the Defendant’s personal information should not be disclosed or disclosed.

However, the decision of the court below is too long to determine the period of five years when ordering the defendant to disclose personal information.

4. In conclusion, the defendant's appeal is justified. Thus, Article 364 (6) of the Criminal Procedure Act is applicable.

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