(영문) 부산고등법원 2013.11.20 2013노438 | 리걸엔진

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(영문) 부산고등법원 2013.11.20 2013노438

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. It is unreasonable that the court below ordered the defendant to disclose and notify the defendant for three years.

2. Determination

A. The main sentence of Article 38(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) provides that with respect to a person falling under any of the subparagraphs of Article 38(1) of the same Act, such as a person who has committed a sexual crime subject to registration, the court shall issue an order to disclose disclosed information through an information and communications network during the registration period (hereinafter referred to as “order to disclose information”), such as the name, age, address, etc. of the person who has committed a sexual crime subject to disclosure from among the persons subject to disclosure of information, the court shall simultaneously issue an order to notify the persons subject to disclosure of the information, such as the person who committed the sexual crime subject to disclosure of information, etc. during the disclosure period to the Eup/Myeon/Dong residents, etc. where the person subject to disclosure is residing, the court shall issue an order to disclose information or issue an exception to disclosure of personal information.

Here, whether a case constitutes “where it is deemed that there are special circumstances that may not disclose or notify personal information” as an exception to an order to disclose or notify personal information, the Defendant’s age, occupation, risk of recidivism, etc., characteristics of the offender, such as the type, motive, process, consequence, seriousness of the offense, etc. of the offense, characteristics of the offense, such as disclosure or notification order, degree of disadvantage and anticipated side effects of the Defendant’s disadvantage, and prevention and effects of sexual crimes subject to registration which may be achieved due to such order

참조조문

-아동ㆍ청소년의 성보호에 관한 법률 제38조 제1항

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