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(영문) 대법원 2012.12.27 2012도13177
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)
Text

The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Seoul High Court.

Reasons

1. The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

In light of the evidence adopted by the court below, it is acceptable that the court below found the defendant guilty of the facts charged in this case on the ground that the defendant's statement of co-defendant A was reliable, based on its stated reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of finding facts contrary to logical and empirical rules or by misapprehending the legal principles on the principle of trial of evidence.

2. We examine ex officio.

A. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes was enacted and promulgated by Act No. 10258 on April 15, 2010

E. The Act on Special Cases Concerning Sexual Crimes (hereinafter “Special Cases Concerning Sexual Crimes”)

Article 41(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10260, Apr. 15, 2010) provides that an order for disclosure shall be issued to “a person who has committed a sexual crime subject to registration” among persons subject to an order for disclosure under Article 32(1) of the same Act. In addition, Article 37(1)1 of the same Act provides that “a person who has committed a sexual crime subject to registration” is a person subject to disclosure order under Article 32(1)1 of the same Act, while such person becomes a person subject to disclosure order.

Ga. The Child Protection Act (Act No. 10260) is amended

A person subject to disclosure of information under Article 38 shall be excluded.

As such, the Act on Special Cases of Sexual Violence limits a person who commits a sexual crime against a child or juvenile by excluding a person who commits a sexual crime against a child or juvenile subject to an order to disclose or notify personal information, thereby limiting such person to a person who commits a sexual crime against a child or juvenile. As to a person who commits a sexual crime subject to an order to disclose or notify personal information, Article 38 and Article 38-2 of the Child Protection Act (Act

Therefore, even if the case is.

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