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(영문) 서울고등법원 2014.10.31 2014노2491
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment below

The part of the case of the defendant is reversed.

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

(b) the defendant;

Reasons

1. Summary of grounds for appeal;

A. It is unreasonable for the lower court to order the Defendant to disclose or notify the personal information to the Defendant by asserting unfair sentencing (hereinafter “Defendant”) against the Defendant and the person subject to the request to attach an attachment order (hereinafter “Defendant”) by asserting unfair sentencing. 2) It is unreasonable for the lower court to order the Defendant to disclose or notify the personal information.

B. Prosecutor 1) The lower court’s dismissal of the request for an attachment order against the Defendant is unreasonable, on the ground that the sentence imposed by the lower court against the Defendant is too uneasible and unfair. 2) The lower court’s dismissal of the request for attachment

2. Determination

A. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse provide that the disclosure and notification of personal information of all persons who have committed sexual crimes, in principle, to defend our society from sexual crimes, shall be exempted only in cases where there are special circumstances that cannot be allowed to do so exceptionally.

The legislative intent and the crime of this case are that the defendant committed an indecent act on the first female child on the day of the crime, and that the defendant's need to protect social members from such sexual crime is deemed to be great, there is no special circumstance that the defendant should not disclose or notify personal information. Thus, the defendant's assertion is without merit.

B. The lower court held that the prosecutor’s rejection of the prosecutor’s request for attachment order means that the possibility of recidivism of a sexual crime under Article 5(1) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders is insufficient to say that the risk of recidivism of a sexual crime is likely to undermine the legal peace by committing a sexual crime again in the future.

The risk of recidivism of sexual crimes.

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