logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.05.30 2018노7409
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is unreasonable for the lower court to order the disclosure of information on the Defendant via an information and communications network for three years.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (the imprisonment for eight months and the suspension of execution for two years) is too unreasonable.

2. Determination

A. As to the unlawful assertion of disclosure order, Articles 47(1) and 50(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes requires the disclosure and notification of personal information of all sex offenders, and the exemption and notification of personal information should be made if there are special circumstances that prevent disclosure and notification of personal information. Here, whether the case constitutes “where there are special circumstances that prohibit disclosure of personal information” as a ground for exception to disclosure and notification order should be determined based on the following circumstances: Defendant’s age, occupation, risk of recidivism, etc.; Defendant’s characteristic of the crime, such as the type, motive, process, consequence, seriousness, etc. of the crime; Defendant’s disadvantage and anticipated side effects; Defendant’s preventive effect of sexual crimes subject to registration; Defendant’s age and effect of protection of victims from sexual crimes subject to suspension of execution should be determined based on a comprehensive consideration of the following circumstances: Defendant’s age and motive and effect of the crime (see, e.g., Supreme Court Decision 2012Do16316, Feb. 23, 2012).

arrow