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(영문) 부산고등법원 (창원) 2013.04.12 2012노299
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The conviction in the judgment of the first instance court shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that from the date of this judgment.

Reasons

1. The first instance court found the Defendant guilty of the remainder of the charges of indecent act by compulsion, and sentenced the Defendant to a suspended sentence of two years of imprisonment for eight months, and dismissed the prosecution on each indecent act by compulsion.

On the judgment of the first instance court, the defendant appealed against the conviction portion on the ground of unfair sentencing, and the prosecutor did not appeal.

Therefore, since the prosecutor's dismissal part of the judgment of the first instance court of this case is separated from that of the prosecutor's appeal, it is limited to the conviction part among the judgment of the first instance court of this case.

2. In light of the various circumstances, it is unreasonable that the first instance court sentenced the defendant to a two-year suspended sentence of imprisonment with prison labor for not more than eight months and ordered the disclosure and notification of personal information for two years, even though there are special circumstances that prohibit the disclosure of personal information of the defendant, by misapprehending the legal principles or making the punishment too unreasonable.

3. Article 38(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Act”), provides that a court shall sentence a person who has committed a sex crime against a child or juvenile and any other person subject to disclosure of information, such as the name, age, address, etc., under paragraph (3) of the same Article, to disclose such information through an information and communications network during the registration period, simultaneously with a judgment on a sex crime against a child or juvenile. Article 38-2(1) of the same Act provides that the court shall order a person subject to disclosure of information, such as a person who has committed a sex crime against a child or juvenile, to notify the public information under paragraph (3) or a person subject to disclosure of transferred information, etc., to notify the residents of the Eup/Myeon/Dong where the person subject to disclosure of information, such as information on disclosure, etc., is residing

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