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(영문) 부산고등법원 2017.06.28 2017노163
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the above punishment for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) The sentence that the lower court rendered unfair sentencing (such as three and half years of imprisonment, and forty hours of completion of sexual assault treatment programs, etc.) is too uneasible and unfair.

2) The lower judgment that exempted the Defendant from disclosure and notification order due to the Defendant’s improper exemption from disclosure disclosure disclosure order is unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. Determination

A. As to the wrongful assertion of exemption from disclosure disclosure disclosure order, there are special circumstances that need not disclose or notify personal information, as stipulated in the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles’ Sex Offenses.

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 an disclosure or notification order, the preventive effects of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims from the sexual crime subject to registration (see Supreme Court Decision 2011Do14676, Jan. 27, 2012). The Defendant has no record of punishment for any other crime as well as any sexual crime.

Defendant recognized all crimes, and did not commit sexual crimes against many and unspecified persons.

It seems that the execution of imprisonment with prison labor, registration of personal information, and completion of sexual assault treatment programs can prevent recidivism to a certain extent.

In addition, considering the defendant's age, occupation, family environment, social relationship, criminal record and risk of recidivism, the effect of preventing profits expected by the disclosure and notification order, and the disadvantage and side effects caused thereby, the personal information of the defendant shall be disclosed.

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