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(영문) 대구고등법원 2013.05.22 2012노471
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.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The part of the defendant's case (e.g., imprisonment for two years and six months, suspension of execution for three years, probation, community service for 160 hours and an order to attend a lecture for 80 hours) is too uneasible and unfair.

B. In the part of the case requesting an attachment order, the lower court erred by misapprehending the legal doctrine and thereby adversely affecting the conclusion of the judgment on the ground that the lower court dismissed the Defendant and the person for whom the attachment order was requested (hereinafter “defendant”) on the ground that the sentence of probation

2. Determination

A. The main text of Article 38(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Act”) provides that “the court shall order a person who committed a sexual crime against a child or juvenile to disclose information under paragraph (3) through an information and communications network during the registration period (hereinafter “disclosure order”) by judgment prior to the judgment on the grounds for appeal by the prosecutor on the part of the defendant case shall be sentenced to the order to disclose the disclosed information under paragraph (1) through the information and communications network during the registration period,” and Article 36(1) of the Act provides that “registration period” under Article 38(1) of the Act shall be 20 years.

Meanwhile, Article 38(2) of the Act provides that “The period for disclosure of information about registration 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 about registration under paragraph (1) shall not exceed the period under Article 7 of the Invalidation of Punishment Act.” Article 7(1) of the Invalidation of Punishment Act provides that “When the period under the following classification elapses from the date on which the execution of punishment is completed or exempted without being sentenced to suspension of qualifications or any heavier punishment, the punishment shall be invalidated: Provided, That in cases of imprisonment and imprisonment without prison labor for more than three years (subparagraph 1)

On the other hand, Article 38-2(1) of the Act requires disclosure under Article 38 of the Act.

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