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(영문) 서울고등법원 2019.01.31 2018노2224

아동ㆍ청소년의성보호에관한법률위반(위계등추행)등

Text

All judgment of the court below shall be reversed.

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

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of each court below on the grounds of unreasonable sentencing is too inappropriate.

B. It is unreasonable for the first instance court to order the disclosure and notification of the information of the Defendant for four years, even in extenuating circumstances where the disclosure of personal information of the Defendant and the respondent for probation orders (hereinafter “Defendant”) is prohibited.

(The defense counsel's opinion, etc. submitted after the expiration of the period for submitting the written appeal shall be determined to the extent that it supplements the grounds for appeal stated in the grounds for appeal).

A. Part 1 of the Defendant’s case is examined ex officio prior to the judgment on the grounds for appeal by the Defendant. The first and second lower court rendered a judgment on the Defendant’s grounds for appeal in relation to the judgment ex officio. In that sense, the part on the Defendant’s case among the first and second lower judgment and the lower court’s judgment cannot be exempted from all reversal of the order, on the grounds that the Defendant’s disclosure of information and the order are still subject to disclosure of information and the order under Article 38(1) of the Criminal Act, since the Defendant’s disclosure of information and the order are not subject to disclosure of information under the proviso to Article 37 of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, the first and second lower court’s judgment on the Defendant’s disclosure of information and the order are not subject to disclosure of information under Article 50(1) of the Criminal Act.