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(영문) 서울고등법원 2016.04.01 2015노2603
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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.

Sexual assault against the defendant for 120 hours.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person who requested the attachment order (hereinafter “Defendant”) and the person to whom the attachment order was requested (hereinafter “Defendant”) committed a mistake that the Defendant and the person to whom the attachment order was requested, did not know the Defendant’s sexual organ to the victim’s sound records as stated in the lower judgment, and that the lower court found the Defendant guilty of this part of the facts charged in reliance on the victim’s statement that is not reliable.

B) The Defendant recognized the fact that he spawned or spawned the victim’s grandchildren and spawned the shoulder and head spawn as stated in the judgment below, but this was merely an anti-domination, encouragement, and pro-friendly expression, and did not constitute an indecent act, and did not intend to commit an indecent act.

2) The sentence of the lower court’s improper sentencing is too unreasonable.

3) In the event that an unfair disclosure notification order is issued, it is difficult for the Defendant to live together with his/her children after release. Thus, the Defendant’s disclosure notification order is unreasonable.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.

2) The lower court’s decision that dismissed the Defendant’s request for attachment order of this case, even though the Defendant had a risk of repeating sexual crimes again, is unreasonable.

2. According to Articles 49(2) and 50(1) of the Act on the Protection of Juveniles against Sexual Abuse, and Article 7 of the Act on the Lapse of Punishment, etc., of Children and Juveniles against Sexual Abuse, a disclosure notification period following an order to disclose information shall not exceed five years.

Nevertheless, the court below ordered the defendant to disclose and notify the information about the defendant for a period of seven years while sentenced to a three-year imprisonment for the defendant.

Therefore, the part of the judgment of the court below regarding disclosure disclosure order is illegal, and the disclosure disclosure notification order under Articles 49 and 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse is an incidental disposition that is sentenced simultaneously with the judgment of the sexual crime subject to registration, and is all or part of the disclosure notification order.

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