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(영문) 부산고등법원 2014.07.16 2014노254
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant) is unreasonable to order the court below to disclose and notify the defendant's personal information for five years.

2. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes shall apply mutatis mutandis to disclosure and notification of registered information to the public. Determination as to whether a case constitutes “any special circumstance that may not disclose personal information” provided for in the proviso to Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be made 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 offender, such as the offender’s type, motive, consequence, and gravity of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be achieved by the Defendant due to such order, preventive effects against sexual crimes to be registered, effects on the protection of victims from sexual crimes to be registered, etc.

(See Supreme Court Decision 201Do16863 Decided February 23, 2012 (see, e.g., Supreme Court Decision 2011Do16863). The following circumstances revealed by the evidence duly admitted and investigated by the lower court, namely, ① the crime of indecent act by compulsion by compulsion by force of this case is an indecent act against an unspecified person in light of the motive, circumstance, and method of the crime by: (a) the Defendant committed an indecent act, such as the Defendant’s treatment of the victim’s son who was only and known several times; (b) the Defendant was sentenced to four years of imprisonment due to rape by rape in 192; and (c) the Defendant did not possess the qualification to treat the Defendant as “U president A” without holding the name of “U president A”.

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