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(영문) 부산고등법원 2014.06.25 2014노191
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

, however, for three years from the date this judgment became final and conclusive.

Reasons

1. The gist of the grounds for appeal;

A. It is unfair that the prosecutor’s sentence (two years of imprisonment, three years of probation, 40 hours of sexual assault therapy, and three years of disclosure and notification, respectively) of the lower court is too unfluent.

B. It is unreasonable that the court below ordered the defendant to disclose and notify the personal information of the defendant for three years.

(2) The defendant is not entitled to a legitimate ground for appeal since he/she submitted the grounds for appeal after the deadline for submitting the grounds for appeal.

A. Whether a case constitutes “any special circumstance to not disclose personal information” provided for in the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse as an exception to disclosure and notification order should be determined by comprehensively taking into account the Defendant’s age, occupation, characteristics of an offender, such as the risk of recidivism, such as the type, motive, process, result, seriousness of the crime, etc., characteristics of the crime, such as disclosure order or notification order, degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order or notification order, prevention effect of sexual crimes subject to registration, and effects of protection of victims from sexual crimes subject to registration, etc.

(see, e.g., Supreme Court Decision 2011Do16863, Feb. 23, 2012). B.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, (i) the defendant has no record of crime; (ii) the motive and background of the crime in this case, the circumstances after the crime, and the relationship between the defendant and the victim, etc. are hard to see that the defendant is highly likely to recommit a sexual crime against an unspecified person; (iii) family and social relationship is clear, such as the defendant's living as the most supported by his wife and two children; and (iv) the order to attend the sexual assault treatment lecture concurrently imposed on the defendant.

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