성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
information about the defendant for five years.
1. The sentence of imprisonment (five years of imprisonment) imposed by the court below is too unreasonable in light of the circumstances of the defendant and the person against whom the attachment order was requested (hereinafter “defendants”).
2. Determination
A. Article 3(4) of the Addenda of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10391, Jul. 23, 2010) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10391, Jul. 23, 2010) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 7801); at the time of the enforcement of the Act on the Protection of Children and Juveniles against Sexual Abuse, those who have not yet been finally and conclusively declared final and conclusive until then among those who were subject to inspection decision or inspection order under the Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 8634, Jun
(2) Article 20(1) of the former Act on the Protection of Juveniles from Sexual Abuse (wholly amended by Act No. 8634, Aug. 3, 2007; hereinafter the same) provides that “The crime of this case is committed by a person who has been sentenced to imprisonment without prison labor or heavier punishment on at least two occasions and has been completely or partially executed, or exempted from execution of a sentence on July 12, 2012,” and Article 22(1) of the former Act on the Protection of Juveniles from Sexual Abuse (wholly amended by Act No. 8634, Aug. 3, 2007; hereinafter the same).”
However, since there is no evidence to acknowledge the fact that the defendant was sentenced to imprisonment without prison labor or more than twice for the above crime, it is reasonable to view that the disclosure order cannot be given to the defendant for the above crime.
Nevertheless, the lower court did not so.