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(영문) 부산고등법원 2014.04.23 2013노632
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)등
Text

The judgment of the court below is reversed.

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

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In the part of the defendant's case, the punishment sentenced by the court below (two years and six months of imprisonment, four years of suspended sentence, probation, and 80 hours of attendance order for sexual assault treatment lectures) is too uneased and unreasonable.

B. The lower court’s dismissal of the Defendant’s request for attachment order, despite the fact that the part of the claim for attachment order is sufficiently likely to recommit a sexual crime.

2. Determination on the part of the defendant's case by ex officio, Articles 38(1) and 38-2(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) stipulate that the personal information of a person who has committed a sex offense subject to registration shall be disclosed and notified to the public, and it shall not be exempted only in exceptional cases where there are special circumstances. The court below determined that the defendant has no sex offense record, it is difficult to see that there is a high risk of recommitting a sex crime, and that the disclosure and notification of the defendant's personal information may not be disclosed and notified to the public, taking into account the profits expected by an order to disclose and notify the defendant's personal information, and the disadvantages and side effects expected by such order. "Any other disclosure order or notification of personal information may not be disclosed to the public" as an exception to an order or notification order under the proviso to Article 38(1) and 38-2(1) of the former Act on the Protection of Children and Juveniles.

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