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(영문) 서울고등법원 2013.08.13 2013노2017
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

information about the defendant for a period of six years.

Reasons

1. In light of the summary of the grounds for appeal and the circumstances surrounding the Defendant and the person against whom the attachment order was requested (hereinafter “defendants”), the sentence imposed by the lower court (eight years of imprisonment) is too uneased and unreasonable.

2. Determination

A. Article 3(4) of the Addenda of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10391, Jul. 23, 2010) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10391, Jun. 9, 200) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 7801); at the time of the enforcement of the Act on the Protection of Children and Juveniles against Sexual Abuse, those who have not yet been finally and conclusively determined by the said Act from among those who were subject to inspection decision or inspection order by committing a crime (violation) under the Act on the Protection of Juveniles against Sexual Abuse (Act No. 780

(See Supreme Court Decisions 2010Do16376, 2010 Jeondo149 Decided May 26, 201, and Supreme Court Decision 2012Do5183 Decided July 12, 2012, etc.). However, the criminal facts of the instant case are as follows.

F. From August 2006 to September 1, 2007, the Defendant’s indecent act by compulsion of the victim. Thus, pursuant to Articles 24(1) and 22(1) of the former Act on the Protection of Juveniles from Sexual Abuse (wholly amended by Act No. 8634 of Aug. 3, 2007), the Defendant’s order to disclose only the “a person who is deemed likely to recommit a crime under Article 20(2)6 through 8 of the former Act on the Protection of Juveniles from Sexual Abuse (wholly amended by Act No. 8634 of Aug. 3, 2007), who was sentenced two or more times to imprisonment without prison labor or more punishment and was executed or exempted in whole or in part, for a crime under Article 20(2)6 to 8 of the former Act on the Protection of Juveniles from Sexual Abuse.”

However, there is no evidence to acknowledge the fact that the defendant has been sentenced to imprisonment without prison labor or more than twice due to the above crime.

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