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(영문) 대법원 2014.03.27 2014도1797
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Article 2(2) of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes enacted and promulgated by Act No. 10258 on April 15, 2010 (hereinafter “Special Cases Act”) provides for persons subject to the application of Article 37 and Article 41 of the Addenda to the Act on Special Cases Concerning the Issuance of Personal Information Disclosure Order and Notification Order System, there is no limitation on the time when the crime was committed.

Therefore, with respect to a sexual crime subject to registration under Article 32(1) of the Act on Special Cases, even if a sexual crime subject to registration was committed prior to the enforcement of Article 37 or 41, the disclosure order or notification order under Article 37 or 41 is not pronounced at the time of enforcement (see, e.g., Supreme Court Decision 2011Do9253, Sept. 29, 201). The lower court’s maintenance of the first instance judgment that issued an order to disclose or notify personal information for seven years against the Defendant pursuant to Article 2(2) of Addenda of the Act on Special Cases is consistent with the above legal doctrine, and contrary to what is alleged in the grounds of appeal, there is no error of misapprehending the provisions of the Act on Special Cases or the legal basis of the disclosure order or notification order of personal information.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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