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(영문) 서울고등법원 2013.05.23 2013노1033
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that from the date of this judgment.

Reasons

1. The lower court dismissed the prosecution against the Defendant regarding the indecent act by compulsion against E (the age of 20) among each of the facts charged in the instant case, and convicted the Defendant of the remainder.

Since only the prosecutor appealed on the guilty portion on the ground of unfair sentencing, the dismissal of the public prosecution in the judgment of the court below has become separate and finalized after the appeal period.

Therefore, the scope of this court's judgment is limited to the conviction of the judgment below.

2. The decision of the court below on the gist of the grounds of appeal (one year of imprisonment, two years of suspended sentence, two years of probation, two hundred hours of community service, 80 hours of sexual assault therapy, and three years of notice of disclosure of information) is deemed to be too uneasy and unreasonable.

3. Prior to the judgment on the grounds for appeal ex officio, we examine the period of disclosure and notification order ordered by the court below ex officio.

The main sentence of Article 37(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter in this paragraph referred to as the “Sexual Act”) provides that “a court shall sentence a person, etc. who has committed a sexual crime subject to registration to disclose disclosed information through an information and communications network during the registration period by judgment, simultaneously with a judgment on a sexual crime subject to registration.” According to Article 35(1) of the Sexual Exposure Act, the term “registration period” under Article 37(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter in this paragraph referred to as the “Juvenile Act”) is ten years, and the main sentence of Article 38(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter in this paragraph referred to as the “Juvenile Act”) provides that “a court shall order a person, etc. who has committed a sexual crime subject to registration to disclose disclosed information through an information and communications network during the registration period, simultaneously with the judgment on a sexual crime subject to registration period.” According to Article 36(1) of the ASEAN Act, the term “registration period”

Meanwhile, Article 37 (2) of the Sexual Exposure Act and Article 38 (2) of the ASEAN Act are above.

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