아동ㆍ청소년의성보호에관한법률위반(강간등치상)등
1. The part of the judgment below regarding the defendant's case shall be reversed.
2. The defendant shall be punished by imprisonment for three years;
3. However, this judgment.
1. Summary of grounds for appeal;
A. In full view of the following facts: (a) misunderstanding of facts and misapprehension of legal principles and the victim’s statement about the process of suffering a bodily injury and treatment; (b) victim’s bodily injury (Evidence No. 10-12 pages); and (c) victim’s age, gender, body size, etc., the upper part of the victim’s bodily injury incurred from the crime of this case cannot be deemed to be the same to the extent that there is no assault in the course of the crime of this case, or that it could normally occur during daily life or sexual intercourse by agreement. Therefore, the upper part of the victim’s bodily injury suffered during the course of the crime of rape of this case constitutes injury to rape. Nevertheless, the lower court determined that the upper part of the victim’s bodily injury did not constitute injury to rape. In so doing, the lower court erred by misapprehending the legal doctrine on injury to rape or rape, thereby adversely affecting the conclusion of the judgment. (b) The lower court erred by misapprehending the legal doctrine on the injury to the victim’s bodily injury.
B. In full view of the fact that the Defendant did not have the same criminal power, social ties are clear, the risk of recidivism is low, and the Defendant’s depth is against the Defendant, it should be deemed that there are special circumstances that may not disclose and notify the Defendant’s personal information.
Therefore, the lower court that imposed the disclosure and notification order against the Defendant is unlawful.
In addition, even if the defendant's personal information should be disclosed and notified, the period of disclosure of registered information should not exceed the period under Article 7 of the Act on the Lapse of Punishment of Children and Juveniles against Sexual Abuse. Article 49 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 65 of the Criminal Act on the effect of suspended execution