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(영문) 서울고등법원 2019.05.03 2019노596
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to 11 years.

Seized evidence No. 1 shall be confiscated.

(b) the defendant;

Reasons

1. Summary of grounds for appeal (the part concerning the defendant's case);

A. The punishment sentenced by the court below (11 years of imprisonment, etc.) is too unreasonable for the defendant and the person whom the attachment order was requested (hereinafter “defendants”).

(2) Although there are special circumstances in which the Defendant’s disclosure of personal information should not be disclosed, it is unreasonable for the lower court to order the Defendant to disclose personal information for a period of ten years.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. A prosecutor made a request for an attachment order of an electronic tracking device against the defendant at the trial, and this court decided to hold a joint hearing of the defendant's case and the request for an attachment order. Since the request for an attachment order should be tried together with the defendant's case and sentenced simultaneously, the judgment of the court below cannot be maintained in this respect.

However, despite the above reasons for ex officio reversal, the defendant's improper assertion of disclosure disclosure order is still subject to the judgment of this court, and this is examined below.

3. 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 provides that the disclosure and notification of personal information of all persons who have committed sexual crimes, in principle, in order to defend our society from sexual crimes, shall be exempted only in cases where there are special circumstances that cannot be done exceptionally.

Here, whether it constitutes “where it is deemed that there is a special reason to prohibit disclosure of personal information” as a ground for exception to disclosure order or notification order is due to the characteristic of the offender, such as the Defendant’s age, occupation, risk of recidivism, etc., the type, motive, process, consequence, seriousness, etc. of the crime, and the characteristic of the crime, disclosure order or notification order.

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