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(영문) 대법원 2014.03.27 2014도1759

성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)

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The judgment below

The part of the defendant's case is reversed, and that part of the case is remanded to the Gwangju High Court.

Reasons

1. Examining the reasoning of the lower judgment and the record in light of the reasoning of the judgment on the grounds of appeal, the lower court was justifiable to have maintained the first instance judgment that found the Defendant guilty of the facts charged of this case on the grounds stated in its reasoning, and there was no error of law by failing to exhaust all necessary deliberations and by exceeding the bounds of the principle of

2. Ex officio determination

A. Under Article 1 and Article 3(1) of the Addenda of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 9765, Jun. 9, 200; hereinafter “Act No. 9765”), the system of issuing an order to disclose personal information introduced under the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 10395, Jul. 23, 2010; hereinafter “Act No. 10391, Jul. 23, 2010”) was first applicable to a person who committed a sex offense against a child and became final and conclusive and conclusive, but Article 3(4) of the Addenda of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 10391, Jul. 1, 2010; hereinafter “The Act”) was wholly amended by Act No. 7801, Jan. 28, 2012>

This Act.