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(영문) 서울고등법원 2013.12.05 2013노2485
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Judgment on the grounds for appeal by the defendant and prosecutor ex officio shall be examined ex officio.

With respect to the date and time of the instant crime under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the trial method shall apply pursuant to Article 4 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012) with respect to orders to attend a course or complete a program from May 201 to November 201.

In cases where a court declares a conviction against a person who has committed a sex offense against a child or juvenile, barring special circumstances where an order to attend a course or order to complete a sexual assault treatment program cannot be issued, the court shall concurrently impose an order to attend a course or order to complete a sexual assault treatment program for up to 500 hours, and Articles 38(1) and 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012), and Articles 38(1) and 38-2(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012), except where a sentence of a fine is imposed, where a defendant is a child or juvenile, or where a defendant is a child or juvenile, or where there are other special circumstances where personal information

[However, according to Article 38-2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10260, Apr. 15, 2010; Article 1 and Article 4 of the Addenda of the Act, the aforementioned notification order is essentially concurrently imposed on and after January 1, 201, it is applied from the person who first committed a sexual crime against a child or juvenile.

Children and juveniles;

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