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(영문) 서울고등법원 2013.09.26 2013노2255
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for 13 years.

Samsung, seized.

Reasons

1. Summary of grounds for appeal;

A. The sentence (13 years of imprisonment) imposed by the lower court on the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”), is too unreasonable.

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

2. We examine ex officio the judgment on the part of the defendant's case and the prosecutor's grounds for appeal prior to the judgment.

Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter the same) provides that "a person who has been finally and conclusively convicted of a crime under Articles 2(1)3 and 4, 2(2) (limited to Article 2(1)3 and 4), 3 through 10, and 14 (hereinafter referred to as "sexual crime subject to registration") shall be a person subject to registration of personal information" and Article 37(1)1 of the same Act provides that "a person who has committed such sexual crime subject to registration shall be a person subject to registration of personal information." Article 37(1)1 of the same Act provides that an order to disclose information to a person who has committed such sexual crime subject to registration, and a person who has committed such sexual crime subject to registration shall be sentenced simultaneously

Therefore, it is clear that the crime under paragraph (4) of the judgment of the court below does not constitute a "sexual crime subject to registration" under the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, as a crime falling under Article 13(1) of the former Act on

Nevertheless, there is an error in the misapprehension of legal principles in determining that a crime under paragraph (4) of the judgment below constitutes a "sexual crime subject to registration" under the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is subject to an order to notify disclosure.

However, Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes was wholly amended by Act No. 11556 on December 18, 2012, and was enforced from June 19, 2013, which was following the pronouncement of the lower judgment.

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