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(영문) 부산고등법원 (창원) 2014.05.07 2014노3

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of six years and a short term of five years.

80 hours per the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below 1) Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”).

2) The sentence imposed by the lower court (one year of imprisonment with labor for a maximum term, five years of short term, etc.) is too unreasonable. 2) The above sentence imposed by the lower court is too uneasible and unreasonable.

B. The lower court’s judgment (public prosecutor) dismissed the Defendant’s request for an attachment order of an electronic tracking device despite the risk of recommitting a sexual crime.

2. Determination

A. The judgment of the court of first instance is examined ex officio prior to the judgment on the grounds for appeal.

Since an order to disclose personal information is an incidental disposition to be declared simultaneously with a conviction, so long as an appeal has been filed against a prosecuted case, the order to disclose information shall be included in the scope of the appellate trial, and if all or part of the order to disclose information is unlawful, the whole part of the order shall be reversed, even if

[see, e.g., Supreme Court Decision 2010Do17564, 2010Do1722, Mar. 10, 2011] Of the instant criminal facts, the first-class of the instant criminal facts.

Paragraph (1) is subject to disclosure order under Article 38 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 10260, Apr. 15, 2010); Article 3(1) of the former Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 9765, Jun. 9, 2009); or Article 38 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); and Article 1-B.

C. Paragraph (d) is subject to an order of disclosure pursuant to Article 38(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); Article 1 proviso and Article 4 of the former Addenda of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 10260, Apr. 15, 201); Articles 1 and 4 of the former Addenda of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11047, Sep. 15, 201); and Paragraph (3) of the same Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.