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(영문) 대구고등법원 2014.02.05 2013노524
강간치상등
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.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal (e.g., imprisonment for two years and six months, suspension of execution for three years and suspension of execution for five years) declared by the lower court was appealed on the grounds that the Defendant is too unreasonable and unreasonable.

2. We examine ex officio the disclosure order and notification order issued by the court below prior to the judgment on the grounds for ex officio appeal.

A. Article 49(1) main text of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, which applies to the disclosure of registered information pursuant to Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act”), provides that “a court shall order a person who has committed a sexual crime subject to registration to disclose disclosed information under paragraph (3) through an information and communications network during the registration period under Article 45(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (hereinafter “AB”) to the public (hereinafter “disclosure order”) shall be declared simultaneously with a judgment on the case subject to registration.” Article 45(1) of the Act provides that “the registration period” shall be 20 years.

Meanwhile, Article 49(2) of the ASEAN provides that “The period for disclosure of registered information under paragraph (1) shall not exceed the period under Article 7 of the Act on the Lapse of Punishment, Etc. (hereinafter “the Invalidation of Punishment”),” and Article 7(1) of the Invalidation of Punishment Act provides that “the period for disclosure of information under paragraph (1) shall not exceed the period under Article 7 of the Invalidation of Punishment Act,” and the period under the following classification shall be invalidated when the convict terminates or is exempted from the execution of punishment without being sentenced to suspension of qualifications or more severe punishment and the period under the following classification expires from the date on which the execution of punishment is completed or exempted.” Article 49(2) of the ASEAN provides that “The punishment shall be invalidated for imprisonment or imprisonment without labor

In addition, Article 50 (1) of the ASEAN which applies to the notification of registered information in accordance with Article 49 (1) of the Sexual Exposure Act is the ASEAN Act.

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