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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In accordance with Articles 37(1) and 41(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the Defendant may not disclose or notify personal information to the Defendant as a ground for exception to an order to disclose or notify personal information pursuant to the foregoing proviso.
B. The prosecutor’s sentence of the lower court (ten years of imprisonment, four years of probation, 160 hours of community service order, 80 hours of attending a sexual assault treatment lecture, and 4 years of the disclosure and notification order, respectively) is too unfluent and unreasonable.
2. Determination
A. Determination as to the Defendant’s assertion (unfair disclosure or notification order) constitutes “where it is deemed that there are any special circumstances that may not disclose or disclose personal information” provided for in the proviso of Articles 37(1) and 41(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be made by comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, consequence, seriousness of the crime, etc., characteristics of the crime such as disclosure or notification order, degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure or notification order, preventive effects of sexual crimes subject to registration, and effects of protecting the victims of sexual crimes subject to registration.
(See Supreme Court Decision 201Do16863 Decided February 23, 2012, etc.). The following circumstances acknowledged by the legal principles as seen earlier and the evidence duly adopted and examined by the court below, namely, the crime of this case was committed by the Defendant, who had previously been interested in the victim, by entering the new wall into the fourth floor room where the victim lives, with a view to committing rape, is difficult to view the crime as a contingent crime in light of the circumstances leading up to the crime. An interview with the number of criminal acts was made, the degree of indecent act of the instant crime is very significant, and the Defendant is the victim.