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(영문) 수원지방법원 2017.08.17 2016노6445
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of prosecutor's appeal grounds;

A. It is unreasonable for the court below to exempt the Defendant from an order to disclose the registered information without any specific reasons, in light of the content of the crime of this case, which was improper to exempt the disclosure disclosure order, and the possibility of recidivism.

B. In light of the fact that the crime of this case committed the crime of this case was committed by the Defendant, who discovered the victim who gets out of the stairs of the building, and laid the victim's hand into the fucks and fucks, and thus, it is not good that the victim's indecent act was committed by force, and that the victim's bucks and bucks did not compensate for the damage, etc., the sentence of the lower court, which sentenced the Defendant to the order of suspension of execution 2 years, 120 hours community service order and the order of lecture for sexual assault treatment for 40 hours, is deemed to be too uneasible.

2. Determination

A. According to 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, in principle, disclosure of personal information of a sex offender should be given to the public, and there are special circumstances that need not be given exceptional cases.

If it is judged, it shall be removed.

There is a special reason not to disclose personal information.

Determination of whether a case constitutes “a case to be determined” ought to 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. of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effects 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 (see Supreme Court Decision 2011Do163, Feb. 23, 2012).

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