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(영문) 서울고등법원 2013.08.22 2013노1700
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for twelve years.

The information on the accused shall be disclosed for five years.

Reasons

1. Summary of grounds for appeal;

A. (1) The sentence (12 years of imprisonment) imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter referred to as “Defendant”) is too unreasonable.

(2) Although it cannot be deemed that there is a risk of recidivism or recidivism against a criminal defendant who committed an unfair order to disclose personal information, the court below ordered the disclosure of personal information of the criminal defendant.

B. It is unreasonable for the lower court to sentence an attachment order to the Defendant on the part of the case where the attachment order is requested, even though the Defendant does not pose a risk of sexual assault

2. We examine ex officio the order to disclose the crime under paragraph (1) of the judgment of the court below.

According to Article 5(1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse, which was wholly amended by Act No. 11572, Dec. 18, 2012, “a person who has not yet received a final and conclusive judgment until then among the persons subject to an order for perusal or perusal for committing the crimes under the Act on the Protection of Juveniles against Sexual Abuse (Act No. 7801) or the Act on the Protection of Juveniles against Sexual Abuse (Act No. 7801), which was wholly amended by Act No. 8634, the Act on the Protection of Juveniles against Sexual Abuse, is subject to disclosure order under Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

(See Supreme Court Decision 2013Do859 Decided April 11, 2013, etc.). However, according to the reasoning of the lower judgment, the lower court ordered the disclosure of information on the Defendant by applying Article 38(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse as to each crime under paragraph (1) of the said judgment, which was held between June and October 2007.

However, each of the above crimes is a crime stipulated in Article 20 (2) 7 of the Act on June 30, 2006, which was enforced as of June 30, 2006, and is subject to the inspection decision under Articles 22 through 24 of the same Act, but Article 22 of the same Act.

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