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(영문) 부산고등법원 2013.09.04 2013노283
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

For a period of 10 years, disclosed information on the accused.

Reasons

1. The summary of the grounds for appeal [the defendant and the person to whom the attachment order was requested (hereinafter referred to as the “defendants”)]

[] The sentence of the lower court (five years of imprisonment, ten years of disclosure and notification order, and ten years of location tracking electronic device attachment order) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant, the lower court ordered, among the instant crimes, the Defendant to inform the Defendant of the information about the crime of attempted rape against the victim for a period of ten years, on the premise that Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse applies to the crime of attempted rape against the victim in 2009 as indicated in paragraph (1) of the lower judgment.

However, the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 10260 on April 15, 2010, newly established a notification order system under Article 38-2 of the same Act, and Article 1 of the Addenda of the same Act provides that "the amended provisions of Article 38-2 shall enter into force on January 1, 201," and Article 4 of the Addenda provides that "the amended provisions of Article 38-2 concerning the applicable cases of notification of registered information shall apply to a person subject to notification who first commits a sex offense against a child or juvenile, after the enforcement of the said amended provisions, and therefore, Article 38-2 of the Act on the Protection of Children and Juveniles against Sexual Abuse applies to a sex offense against a child or juvenile committed after January 1, 2011 (see Supreme Court Decision 201Do1116, May 10, 2012). Thus, the crime committed against a victim under Article 201-3 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Nevertheless, the court below ordered the defendant to be informed of the information by applying the above legal provisions to the crime of attempted rape. Thus, the court below's judgment is governed by Article 38-2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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