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(영문) 서울고등법원 2019.07.18 2019노1014
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for twelve years.

The information on the accused shall be disclosed for a period of ten years.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unreasonable on the grounds that the sentencing of the Defendant and the respondent for the attachment order and the respondent for the treatment order (hereinafter “Defendant”) is too unreasonable.

B) Although there is a special reason not to disclose the personal information of the accused in breach of an order of disclosure and notification, it is unreasonable for the lower court to order the accused to disclose and notify the information about the accused for 10 years. C) It is unreasonable for the lower court to order the accused to be placed on employment for 10 years at child and juvenile-related institutions

2) Although there is no risk of the recidivism and recidivism of a sexual crime, the lower court’s order to attach an electronic tracking device to the Defendant is unreasonable. (b) The prosecutor (the part on the claim for a treatment order) sufficiently recognizes the need for sexual impulse medication treatment as a sexual per se patient who has committed a sexual crime and is likely to recommit a sexual crime. As such, the lower court’s rejection of the instant request is erroneous in matters of mistake of facts, etc., on December 11, 2018.

A) A person for whom a sentence of imprisonment or medical treatment and custody has become final and conclusive is prescribed in a uniform manner to prevent the operation of welfare facilities for persons with disabilities or the provision of employment or actual labor to welfare facilities for persons with disabilities (hereinafter referred to as “period of restriction on employment”).

for 10 years at uniform.

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