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(영문) 서울고등법원 2013.10.31 2013노2711
성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등
Text

The judgment below

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

A defendant shall be punished by imprisonment for ten years.

. Information on the Defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant case (1) The sentence imposed by the lower court on the Defendant and the respondent for an attachment order (hereinafter “Defendant”) (hereinafter “Defendant”) is too unreasonable and unfair.

(2) Although there are special circumstances under which the disclosure order should not be disclosed to the defendant, it is improper for the court below to order the defendant to disclose personal information.

B. It is improper for the lower court to sentence the Defendant to attach an attachment order, although the Defendant does not pose a risk of recidivism.

2. Part of the defendant's case (ex officio judgment) No. 1-A of the decision of the court below

We examine ex officio the court below's order to disclose the crimes of this paragraph.

Notwithstanding Article 1 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as the "Act on the Protection of Children and Juveniles against Sexual Abuse"), Article 5 (1) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse, which was wholly amended by Act No. 11572, Dec. 18, 2012 (hereinafter referred to as the "Act on the Protection of Children and Juveniles against Sexual Abuse"), the amendment to the Act on the Protection of Juveniles against Sexual Abuse (Act No. 7801) or the Act on the Protection of Juveniles against Sexual Abuse (Act No.

“The Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 7801) and the Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 8634) at the time of the enforcement of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Presidential Decree No. 7801, Jun. 19, 2013); thus, it is reasonable to interpret that Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that a person who has not yet been finally and conclusively declared final and conclusive among those subject to an order for perusal or perusal may be ordered to disclose to the general public pursuant to Article 7801

[Supreme Court Decision 2012Do10410, 2012 Jeondo189 decided Nov. 15, 2012 (Joint Judgment; Supreme Court Decision 201Do138 decided Apr. 11, 2013)

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