logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2014.12.17 2014노608
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for three years.

80 hours per the defendant.

Reasons

1. Summary of grounds for appeal;

A. The part of the case of the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) are deemed unfair because the lower court’s punishment (three years of imprisonment, 80 hours of completion of sexual assault treatment programs, and 3 years of disclosure and notification, respectively) is too unreasonable. The prosecutor is deemed to be too uneasy and unfair.

B. It is improper for the court below to dismiss the defendant's request for attachment order even though the defendant's request for attachment order is likely to recommit a sexual crime.

2. Determination

A. We examine ex officio the court below's ex officio determination on the part of the defendant's case as to the legitimacy of the order to disclose and notify personal information to the defendant.

1) Whether a case constitutes “where it is deemed that there exist any special circumstances that may not disclose or notify personal information” provided for in Articles 47(1) and 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be determined by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, such as the nature of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc., characteristics of the crime, such as disclosure or notification order, degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to the disclosure or notification order, prevention and effect of sexual crimes subject to registration, and effect of protecting the victims of the sexual crimes subject to registration (see Supreme Court Decision 2011Do14676, Jan. 27, 2012).

arrow