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(영문) 서울고등법원 2013.04.11 2013노373
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

For a period of 10 years, disclosed information on the accused.

Reasons

1. Grounds for appeal;

A. In light of the fact that the Defendant case (a two-year imprisonment) and the person against whom the attachment order was requested (hereinafter “defendants”) are divided into each other’s errors, the lower court’s punishment (six-year imprisonment) is too unreasonable.

B. The lower court’s judgment ordering the Defendant to attach an electronic tracking device is unreasonable, considering that it is difficult to deem the Defendant in the case of an attachment order to be in danger of recidivism.

2. We examine ex officio prior to the judgment on the Defendant’s assertion.

The lower court, while ordering the Defendant to disclose, applied only “Article 38(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse” and “Article 38-2(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse” when ordering the Defendant to notify.

[In relation to the registration of personal information, the original trial held that “the defendant is a person subject to registration of personal information pursuant to Article 33 of the Act on the Protection of Children and Juveniles against Sexual Abuse.” However, the victim D under paragraph (1) of the crime in the judgment of the court below is a child or juvenile, but the victim G (V, age 31) under paragraph (2) of the crime in the judgment of the court below is not a child or juvenile, so it is reasonable to apply the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is not a Act on the Protection of Children and Juveniles against Sexual Abuse, when issuing an order

Therefore, the judgment of the court below which omitted this cannot avoid reversal.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders without examining the defendant's assertion, and the judgment below is reversed and it is again decided as follows.

Criminal facts

In the summary of the evidence as stated in the judgment below, the facts constituting the attachment order and the summary of the evidence.

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