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(영문) 대전고등법원 2018.06.01 2018노150
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault against the defendant for 40 hours.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court’s judgment (two years and six months of imprisonment, 40 hours’ order to complete sexual assault treatment programs, and 40 hours’ order to disclose information) is too unreasonable.

B. The sentencing of the lower judgment by the Prosecutor is too uneasible.

2. The following points are examined ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor.

Article 47(1) and Article 49(1)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which shall apply mutatis mutandis to Article 47(1) and Article 49(1)2, and Article 50(1)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, provide that “a person who commits a crime under any provision of Articles 2(1)3 and 4, 2(2) (limited to subparagraphs 3 and 4 of paragraph (1)), and 3 through 15, shall issue an order to disclose and notify the same to “a person who commits a crime under any provision of Articles 2(1)3 and 2(1)3, and 3 through 15, shall not constitute

Nevertheless, when the court below ordered the defendant to disclose information, it did not specify the crime subject to disclosure information as a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in each of the instant crimes, and sentenced the disclosure order and notification order with respect to all of the crimes. In such a case, the court below erred by misapprehending the legal principles on the requirements of disclosure order and notification order under each of the applicable provisions of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Protection of

Thus, the part of the judgment of the court below regarding an order to disclose information shall be reversed, which is an incidental disposition to be sentenced simultaneously with the judgment of the case of the sexual crime, and if the whole or part of the judgment of the court below is unlawful, it shall be reversed in its entirety.

Therefore, the judgment of the court below has the above reasons for reversal.

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