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(영문) 제주지방법원 2014.04.03 2013노435
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that this judgment.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (four years of suspended sentence for two years of imprisonment, four years of probation, and forty hours of order to attend a course) that is too unhued and unreasonable;

2. According to Articles 38(1)1 and 38-2(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012; hereinafter the same), where a judgment is rendered on a person who has committed a sexual crime against a child or juvenile by his/her authority prior to a judgment on the grounds for appeal by a prosecutor ex officio, a sentence of a fine shall be issued, unless a fine is imposed, or a defendant is a child or juvenile, or any other special circumstance is determined not to disclose personal information, and at the same time, an order shall be issued to disclose and notify certain information on the defendant’s personal information and the summary of a crime through an information and communications network.

Of the facts charged in the instant case, the Defendant reached a speech or sound that may cause sexual humiliation or aversion through a communications medium against the victim who is a juvenile under 17 years of age, and thus, constitutes a sexual crime against a child or juvenile (Article 2 subparag. 3 and 2 (b) of the former Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 2 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply).

) Article 12 of the Information Disclosure Order and Notification Order should be issued in a case where the defendant is found guilty of this part of the facts charged and the defendant is found guilty, unless it falls under the above exceptional grounds.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged but omitted the judgment on the disclosure and notification order. In this regard, the lower judgment became no longer able to be maintained.

3. Conclusion.

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