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(영문) 서울고등법원 2016.04.21 2016노225
성폭력범죄의처벌등에관한특례법위반(장애인준강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the requester for the attachment order (1) the lower court’s improper sentencing is too unreasonable.

2) It is unreasonable to order the court below to disclose and notify the defendant's information for a period of two years, despite special circumstances that the disclosure of personal information of the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") against the improper defendant of the disclosure and notification order.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uncomfortable.

2) The lower court’s dismissal of the request for the attachment order of this case is unreasonable, even though the Defendant committed two or more sexual crimes against the Defendant, who was found to have committed such crimes and committed a sexual crime against a person with a mental disability, and thus, committed a sex crime against him.

2. Determination

A. Part 1 of the case on Defendant 1) 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, in principle, requires disclosure and notification of personal information of all persons who committed sexual crimes to defend our society from sexual crimes, and there are special circumstances that may not be done on an exceptional basis.

only if it is judged, it shall be exempted.

Here, there are special circumstances in which personal information shall not be disclosed, as provided for in the exception of the disclosure order and the notification order.

The issue of whether a case constitutes "a case to be determined" shall be determined by comprehensively taking into account the defendant's age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process of the relevant crime, results, seriousness of the crime, characteristics of the crime, such as disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, effects of preventing sexual crimes subject to registration and effects of protecting victims from the sexual crimes subject to registration.

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