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(영문) 인천지방법원 2020.02.14 2018노3036
준강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant did not met the victim’s buckbucks around September 17, 2017; and (b) even around November 25, 2017, the Defendant slicks up on the part of the victim around the new wall.

Nevertheless, the court below found the defendant guilty, and there is an error of misunderstanding of facts or misunderstanding of legal principles.

2. Ex officio determination

A. According to Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes omitted in determining whether to disclose information, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the court shall render a ruling on a case subject to registration with respect to a person who commits a crime under Article 2(1)3 and 4, Article 2(2) (limited to subparagraphs 3 and 4 of paragraph (1)), and Articles 3 through 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, to disclose disclosed information through an information and communications network during the registration period by judgment. In accordance with Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, with respect to a person who commits a crime under any of the provisions of Articles 2(1)3 and 4, 2(2) (limited to subparagraphs 3 and 4 of paragraph (1)), and 3 through 15 of the Act on the Protection of Sexual Crimes against Sexual Crimes.

Provided, That this shall not apply where it is deemed that there is a special reason for not disclosing or notifying personal information.

(The instant crime constitutes a crime governed by Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. The instant crime constitutes a crime governed by Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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