성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six years.
With respect to the person against whom the attachment order is requested, it shall be for ten years.
1. The sentence of the lower court (eight years of imprisonment) against the accused and the person for whom the attachment order is requested (hereinafter referred to as the “defendant”) is too unreasonable.
2. Determination:
A. Prior to the judgment on the grounds of appeal on the part of the defendant's case, we examine whether the court below's order to disclose the crime under paragraph (1) of the holding that the defendant committed indecent act against the victim (the 14 years old at the time) around October 2005 is legitimate.
The system of issuing an order to disclose personal information was introduced by the former Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 9765 on June 9, 2009, and Article 1 of the Addenda of the aforementioned Act provides that "this Act shall enter into force on January 1, 2010," and Article 3 (1) of the Addenda provides that "the amended provisions of Articles 33, 34, 38 and 39 shall apply to a person who commits a sex offense against a child or juvenile and whose conviction has become final and conclusive after this Act enters into force: Provided, That at the time of the enforcement of this Act, the previous provisions shall apply to the registration, inspection, etc. of a person subject to registration of personal information under the previous provisions."
However, the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 10391 on July 23, 2010, newly established Article 3(4) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 9765), provides that “Notwithstanding paragraph (1), Article 38 shall apply to any person who violated the Act on the Protection of Juveniles against Sexual Abuse (Act No. 7801) or the Act on the Protection of Juveniles against Sexual Abuse (Act No. 8634) and any order to disclose to any person who has failed to obtain a final and conclusive judgment.” Article 1 of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse (Act No. 7801) provides that “this Act shall enter into force on the date six months have elapsed since its promulgation,” and its enforcement date is June 30, 2
Comprehensively taking account of the above provisions of the relevant laws, juveniles No. 7801.