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(영문) 서울고등법원 2018.10.05 2018노1565
강간상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for forty hours.

Reasons

1. The lower court found the Defendant guilty of the injury resulting from rape in relation to the crime of rape on the grounds of the facts charged in the instant case.

On the other hand, only the defendant appealed against the guilty portion, and the prosecutor did not appeal.

In accordance with the indivisible principle of appeal, the part not guilty as well as the part not guilty was transferred to this court. However, this part is not subject to the adjudication, which is in fact excluded from the object of attack and defense between the parties, and thus, the conclusion of the judgment below as to the part not guilty as to the above part of the reasons

2. Summary of reasons for appeal;

A. The sentence sentenced by the lower court (five years of imprisonment, etc.) is too unreasonable.

B. It is unreasonable for the court below to order the disclosure and notification of personal information for a period of five years, despite special circumstances that the disclosure of the personal information of the defendant who was improper in the disclosure notification order should not be disclosed.

3. Examination ex officio prior to the judgment on the grounds for appeal by the defendant

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 6, 2018) stipulates that a person who was sentenced to a punishment or a treatment and custody for a sex offense against a child or a sex offense against an adult (hereinafter referred to as “sex offense”) shall not operate a facility, an institution, or a place of business (hereinafter referred to as “child-related institution, etc.”) under any of the following subparagraphs, or shall not provide employment or actual labor to a child-related institution, etc., uniformly stipulates that a period during which it is impossible to provide its operation, employment, or actual labor (hereinafter referred to as “restricted period”) shall be ten years.

However, Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 15352 and enforced July 17, 2018, is a case where the court declares a punishment or a treatment and custody for a sex offense.

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