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(영문) 광주고등법원 (전주) 2018.03.20 2017노223
준강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment of conviction on the part of the case of the Defendant, and that dismissed the prosecutor’s request regarding the part of the case of the attachment order, and only the Defendant appealed.

Therefore, the scope of this court's adjudication is limited to the defendant's case.

2. Summary of reasons for appeal;

A. It is unfair that the court below ordered the disclosure or notification of personal information for a period of three years, even though there are special circumstances that the disclosure or notification of personal information of the defendant in violation of an order to disclose or notify the personal information.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment, 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

3. Determination

A. Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that a person who committed a sexual crime shall, in principle, disclose or notify the personal information of the person who committed the sexual crime to the public. There are special circumstances that may not be an exception to the disclosure or notification of personal information.

only if it is determined, it shall be exempted.

In full view of the Defendant’s age, occupation, family relation, previous criminal records (the Defendant was sentenced to criminal punishment including imprisonment for the same crime four times, and the Defendant was exempted from the disclosure and notification order of personal information while sentenced to imprisonment for the same crime), risk of recidivism, risk of recidivism, type and motive of crime, process of crime and result of crime, disclosure and notification order, degree of disadvantage and anticipated side effects of the Defendant’s injury due to disclosure and notification order, prevention effect of sexual crimes that can be achieved therefrom, protection effect of the victim, etc., there are special circumstances in which disclosure and notification of personal information of the Defendant should not be disclosed or notified.

As such, the defendant's order to disclose and notify personal information.

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