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(영문) 서울고등법원 2013.05.09 2013노1100
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts did not commit the crime No. 1-A, C, and D in the judgment of the court, and committed an indecent act against the victim E at the time and place under Paragraph 2-C of the criminal facts in the judgment of the court, but did not add the above victim’s reputation to the above victim’s loss or the loss. However, the court below found the Defendant guilty of this part of the charges by misconception of facts.

B. In light of the circumstances of unfair sentencing against the Defendant, the sentence imposed by the lower court (six years of imprisonment) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the lower court sentenced that “the information on the Defendant is disclosed to the public through an information and communications network for 10 years” in applying Article 38(1)1 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Article 3(4) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10391, Jun. 9, 2009) (amended by Act No. 10391, Jul. 23, 2010) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 7801) allows the public to issue an order to disclose to the general public “a person whose final and conclusive judgment has not yet been obtained until then, from among the persons subject to the decision to allow perusal or perusal of the crimes (violation) stipulated in 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.

(See Supreme Court Decisions 2010Do16376, 2010Do149, May 26, 2011; 2012Do5183, Jul. 12, 2012, etc.). However, since the crime of paragraph (a) of the holding was committed by the Defendant in attempted rape of the victim around July 2006, the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 8634, Aug. 3, 2007; hereinafter the same).

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