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(영문) 서울고등법원 2017.07.27 2017노1232
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The order of the court below to disclose and notify the defendant's personal information to the public for a period of three years is unreasonable, even though there are special circumstances that prevent the disclosure of the defendant's personal information.

2. There are other special circumstances in which the disclosure of personal information is prohibited, as provided for in the proviso to Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, as one of the grounds for exception to disclosure orders and notification orders.

The issue of whether a person constitutes “in a case where it is determined” ought to 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, seriousness of the relevant crime, characteristics of the crime, such as the disclosure and notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure and notification order, the effect of preventing the sex offense against children that may be achieved therefrom, and the effect of protecting the juveniles from the sex offense (see Supreme Court Decision 2011Do14676, Jan. 27, 2012). In light of the aforementioned legal principles and the evidence duly adopted and examined by the court below, the Defendant’s age, history, risk of recidivism, circumstance and method of the instant crime, disclosure and notification order, etc., the Defendant’s personal information may not be disclosed due to the disadvantage of the Defendant, and the effects of preventing the sex offense against children that may be achieved therefrom.

It is difficult to see that the period is too long, and thus, the defendant's above assertion is not reasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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