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(영문) 서울고등법원 2013.04.25 2013노16
아동ㆍ청소년의성보호에관한법률위반(장애인추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

A sexual assault treatment program for 40 hours is provided to the defendant.

Reasons

1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below ex officio prior to the judgment on the grounds of appeal for ex officio determination is erroneous, which affected the conclusion of the judgment by erroneous application of the statutes as follows.

Part 1 of the defendant's case) The defendant and the person who requested an attachment order (hereinafter referred to as "defendant") are the defendants and the person whose repeated crime is aggravated under Article 3 of the Act on Special Cases

The Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Act”)

(3) Article 11-2(2) of the Act on Special Cases Concerning the Punishment of Specific Crimes (hereinafter “Specialized Crimes Act”) was charged as a violation of Article 11-2(2).

(2) Article 38(1)1 of the ASEAN Act and Article 38-2(1)1 of the ASEAN Act stipulate that “a person who has committed a sexual crime against a child or juvenile” is subject to disclosure and notification of registered information, and Article 2 subparag. 3 of the ASEAN Act excludes “sexual crime against a child or juvenile” among sex crimes against a child or juvenile.

Therefore, the instant crime, which is a violation of Article 11-2(2) of the ASEAN Act, does not constitute “sexual assault crimes against children or juveniles” under the ASEAN Act.

Furthermore, Article 38(1)3 of the ASEAN is subject to disclosure order of "a person who commits a sex offense against a child or juvenile under the age of 13". However, since the victim's age is 14 years, the defendant does not fall under this.

Therefore, even though the Defendant is obviously not subject to disclosure and notification of registered information under the ASEAN Act, the lower court against the Defendant under Article 38 of the ASEAN Act.

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