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(영문) 수원지방법원 2017.07.13 2016노9095
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of prosecutor's appeal grounds;

A. It is unreasonable for the court below to exempt the Defendant from an order to disclose the registered information without any specific reasons, in light of the content of the crime of this case, which was improper to exempt the disclosure disclosure order, and the possibility of recidivism.

B. In light of the fact that the crime of this case was committed by the Defendant, according to the victim of 19 years of age, was committed by the victim, and the victim had escaped, and that it was forced to commit an indecent act by force since her her mbbbbbbbbbbbbs, etc., the punishment of the lower court ordering the Defendant to complete the sexual assault treatment program for 3,000,000 won and 40 hours of her mbbbbbbbbbbs is too uneasible

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 of personal information of a sex offender should be given to the public, and there are special circumstances that need not be given exceptional cases.

If it is judged, it shall be removed.

There is a special reason not to disclose personal information.

Determination of whether a case constitutes “a case to be determined” 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. of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effects and effects of the sexual crime subject to registration that may be achieved therefrom, and the effects of the protection of the victims from the sexual crime subject to registration (see Supreme Court Decision 2011Do163, Feb. 23, 2012). The Defendant has no history of criminal punishment for sexual assault, and personal information in this case.

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