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(영문) 대구고등법원 2013.06.19 2013노57
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. It is unreasonable that the court below made the defendant disclose and notify the information about the defendant for five years.

2. Determination

A. We examine ex officio the period of disclosure and notification order ordered by the court below prior to the judgment on the grounds for ex officio appeal.

The main text of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter “Juvenile Act”) provides that “a court shall, with respect to a person who has committed a sexual crime against a child or juvenile, issue an order to disclose disclosed information under paragraph (3) through an information and communications network during the registration period under Article 45(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act on the Sexual Exposure”) to the public (hereinafter “disclosure order”) with respect to the person who has committed a sexual crime against a child or juvenile, and Article 45(1) of the Act provides that “the registration period” shall be 20 years.

Meanwhile, Article 49(2) of the ASEAN provides that “The period for disclosure of registered information under paragraph (1) shall not exceed the period under Article 7 of the Act on the Lapse of Punishment, Etc. (hereinafter “the Invalidation of Punishment”),” and Article 7(1) of the Invalidation of Punishment Act provides that “the period for disclosure of information under paragraph (1) shall not exceed the period under Article 7 of the Invalidation of Punishment Act,” and the period under the following classification shall be invalidated when the convict terminates or is exempted from the execution of punishment without being sentenced to suspension of qualifications or more severe punishment and the period under the following classification expires from the date on which the execution of punishment is completed or exempted.” Article 49(2) of the ASEAN provides that “The punishment shall be invalidated for imprisonment or imprisonment without labor

In addition, Article 50 (1) of the ASEAN provides that the notification order under the above provision shall be notified during the period of the disclosure order under Article 49 of the ASEAN Act, and the notification period of the notification order is the same as the disclosure period.

In full view of the above provisions, disclosure orders and notification orders shall be made public.

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