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(영문) 부산고등법원 2017.12.20 2017노598
준강간미수
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that exempted the defendant from disclosure and notification order despite the risk of recidivism and recidivism of sexual crime against the defendant is unfair.

B. The sentencing of the court below (the defendant, the prosecutor) is too heavy or unhued so that the sentencing of the court below (two years and six months of imprisonment) is unfair.

2. Determination

A. As to the prosecutor’s improper assertion of exemption from disclosure and notification order, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, there are special circumstances in which the personal information of a sex offender should, in principle, be disclosed and notified to the public, be exceptionally prohibited.

rule that exemption shall be granted if it is determined.

There is a special reason not to disclose or notify personal information.

In determining whether a case constitutes “a crime” should be determined by comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, characteristics of the crime, such as the type, motive, process, consequence, seriousness of the crime, etc. of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims from the sexual crime subject to registration, etc. (see Supreme Court Decision 2011Do163, Feb. 23, 2012). 2) The following circumstances revealed by the evidence duly adopted and investigated by the lower court, namely, the Defendant’s acknowledgement of the crime, reflects the Defendant’s mistake, and does not repeat the same crime. In light of the Defendant’s previous conviction, the relationship between the Defendant and the victim, and the motive, circumstance, etc. of the crime, etc., the victim committed a sexual crime against many unspecified and unspecified Defendant.

It is difficult to see.

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