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(영문) 서울고등법원 2013.06.27 2013노1313
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant and the person against whom the attachment order was requested, and the person against whom the attachment order was issued by the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “defendant”) have exceeded all the lower parts of the victim and placed the victim on the part of the Defendant’s ship, the Defendant and the person against whom the attachment order was requested shall not be subject to the fact that the victim’s sexual organ was written off.

B. The disclosure notification of Sheshed Personal Information is the primary criminal defendant, and the criminal act of this case was committed in a state of lack of intellectual ability, so it is difficult to see that there was a habit of sexual assault, and it is difficult to see that there is a risk of recidivism as social relation is clear, and it is not necessary to disclose and notify the personal information of the defendant.

Secondly, the sentence sentenced by the court below on the defendant (three years of imprisonment) is too unreasonable.

B. The Prosecutor (i.e., the Defendant case part) that the lower court rendered against the Defendant is too uneasible and unreasonable.

The judgment of the court below, which dismissed the defendant's request for attachment order even though she had a risk of re-offending, was erroneous in misunderstanding of facts.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the part of the defendant's case (i.e., the defendant's sexual organ as stated in the facts charged), it can be acknowledged that the defendant's sexual organ was written in the victim's

Therefore, the court below's finding the defendant guilty of this part of the facts charged is just and there is no error of law that affected the conclusion of the judgment by misunderstanding facts, and this part of the

The crime of the court below's decision on the improper disclosure of the information is a sex offense subject to registration under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. The Act on the Protection of Children and Juveniles against Sexual Abuse provides the disclosure of personal information of a person who has committed a sex offense subject to registration.

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