Whether a person who commits a sex offense against a child or juvenile under Article 2 subparagraph 2 (c) of the Act on the Protection of Children and Juveniles against Sexual Abuse should be recognized as a person who commits a sex offense against a child or juvenile (negative)

Articles 2 subparag. 2(a) and (c), 7, 13, and 33 of the Act on the Protection of Children and Juveniles against Sexual Abuse

Supreme Court Decision 2011Do5813, 2011 Jeondo99 Decided July 28, 2011 (Gong2011Ha, 1897)

Defendant

Defendant

Ulsan District Court Decision 2011No443 decided June 17, 2011

The appeal is dismissed.

The grounds of appeal are examined.

Article 2 subparag. 2 (a) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as the "Act") provides for "crimes falling under Articles 7 through 12 (excluding crimes falling under Article 8 (4))," and Article 2 subparag. 2 (c) of the same Act provides for "crimes falling under Articles 297 through 301, 302, 303, 305 and 339 of the Criminal Act against children and juveniles" as one of the "sex offense against children and juveniles", and Article 7 (1) of the Act provides for "any person who commits a crime falling under Article 297 of the Criminal Act against children and juveniles" shall be punished by imprisonment for a limited term of not less than five years, and Article 7 (3) of the Act provides for "any person who commits a crime falling under Article 298 of the Act against children and juveniles against whom a judgment of conviction has become final and conclusive by the court shall be punished by a fine not exceeding one year or more than 3 million won."

According to the reasoning of the lower judgment and the record, the lower court, based on its reasoning, acknowledged the facts charged of indecent acts by force against the victim Nonindicted 1 (n, 16), and Nonindicted 2 (n, 17 years of age). In so doing, the Defendant deemed the person who committed a crime under Article 298 of the Criminal Act against children and juveniles as constituting “crime under Article 298 of the Criminal Act against children and juveniles” under Article 2 Subparag. 2(c) of the Act, and ordered the Defendant to complete the treatment program of sexual assault pursuant to Article 13 of the Act, and notified the Defendant that he/she should submit the fact that he/she is subject to registration of personal information and personal information

In light of the above legal principles and records, the above measures of the court below are just and acceptable, and there is no violation of Article 13 of the Act, as alleged in the grounds of appeal.

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

Justices Jeon Soo-ahn (Presiding Justice)