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(영문) 광주고등법원 (제주) 2013.09.11 2013노45
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
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 became final and conclusive.

Reasons

1. The summary of the prosecutor's grounds for appeal (two years and six months of imprisonment, and four years of suspended execution) that the court below sentenced the defendant is too unfasible and unfair.

2. Prior to examining the grounds for appeal by the ex officio judgment prosecutor, the court below examined ex officio whether the order to attend a lecture, order to transfer documents, order to disclose information and order to exempt the defendant from the disclosure order.

Article 13(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply) provides that where a court declares a conviction of a person who has committed a sex offense against a child or juvenile, the court shall order the person who has committed the sex offense against a child or juvenile to attend a lecture or to complete a sexual assault treatment program for up to 300 hours, unless there are special circumstances where the defendant is unable to impose an order to attend a lecture or order to complete a sexual assault treatment program, etc. under Article 10 of the Criminal Act. Articles 38(1) and 38-2(1) of the same Act provide that where a court declares a judgment on the person who has committed a sex offense against a child or juvenile, the court shall order the person who has committed the sex offense against a child or juvenile to disclose and notify the personal information through an information and communications network at the same time with the sentence of the above judgment, except where the defendant is a child or juvenile.

However, the court below found the defendant guilty of committing an indecent act by force against the victim who is a child or juvenile, but exempted the defendant from the order to attend a course or order to complete a program on the grounds of the defendant's age, health condition, etc., and, together with the defendant's age, occupation, family environment, social relative relationship, circumstances of the crime of this case, and degree of damage, the defendant was guilty of sexual crime before the crime

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