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(영문) 수원지방법원 2017.07.06 2016노8895
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that there is no record of criminal punishment, etc., the lower court’s sentence that sentenced to a fine of 5,000,000 won and orders to complete sexual assault treatment programs for 40 hours is too unreasonable.

B. It is unreasonable for the court below to exempt the Defendant from an order to disclose the registered information without any specific reason in light of the prosecutor (1)’s exemption from disclosure disclosure disclosure order, in light of the content of each of the instant crimes, possibility of recidivism, etc.

(2) In light of the fact that each of the instant crimes committed by the Defendant was committed by using the Kamera function located in his mobile phone in a total of 10 times, and the criminal nature of the crime is not good, the sentence of the lower court is too unreasonable.

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, a prosecutor’s disclosure of personal information on a sex offender is required, and there are special circumstances that may not be an exception.

If it is judged, it shall be removed.

There is a special reason not to disclose personal information.

The issue of whether the defendant's age, occupation, risk of repeating a crime, characteristics of the offender, such as the type, motive, process, result, seriousness, etc. of the crime, characteristics of the crime, such as disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, effects of preventing sexual crimes subject to registration, and effects of protecting the victim from the sexual crimes subject to registration.

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