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(영문) 서울고등법원 2013.04.11 2013노537
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

With respect to the person against whom the attachment order is requested, it shall be for twenty years.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant and the respondent for an attachment order (hereinafter “Defendant”) made an indecent act by compulsion on the part of the game room by force, the victim’s intrusion into the victim’s house, such as the record in the facts charged, and thus, did not have any indecent act by force.

B. Considering that the Defendant’s assertion of unreasonable sentencing is divided into his mistake, the lower court’s imprisonment (five years of imprisonment) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

In applying Article 3(4) and (5) (amended by Act No. 10391, Jul. 23, 2010) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 8634, Aug. 3, 2007) and Article 37(4) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 8634, Aug. 3, 2007), the lower court sentenced “the Defendant’s access information for three years shall be disclosed to the public.”

According to Article 3(4) of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10391, Jul. 23, 2010) (amended by Act No. 10391, Jun. 9, 200) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 7801), at the time of the enforcement of the Act on the Protection of Children and Juveniles against Sexual Abuse, a person who has not yet been finally and conclusively declared final and conclusive from among the persons subject to an order for perusal or perusal of the crimes (violation) under Article 7801 or the Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 8

(See Supreme Court Decisions 2010Do16376, 2010 Jeondo149, May 26, 201; 2012Do5183, Jul. 12, 2012, etc.). However, inasmuch as the Defendant committed indecent act against the victim on Nov. 8, 2006, the instant case is deemed that the Defendant committed indecent act by force on the part of the victim, pursuant to Articles 24(1) and 22(1) of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 8634, Aug. 3, 2007).

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