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(영문) 대법원 2014.01.16 2013도13775
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)
Text

The summary appeal is dismissed.

Reasons

The summary grounds of appeal are examined.

1. The former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010)

(2) The term “former Act on Special Cases” means “Special Cases”

The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Act”) was first introduced since its initial introduction.

In light of the fact that the system of issuing and notifying disclosure of personal information, unlike punishment for the purpose of responding to sex offenders, has a strong security disposal character to prevent sex crimes, and that the former Special Act provides for the timing of implementation of the system in relation to the disclosure order and notifying order system of personal information and takes the same attitude as the special law is not limited to the time when the crime is committed, it shall be deemed that the court below’s determination that the sexual crime subject to registration under Articles 47(1) and 49(1)2 and 50(1)2 of the Act on Special Cases Concerning the Protection of Children and Juveniles against Sexual Abuse is committed before the enforcement of the former Special Act on the Protection of Children and Juveniles against Sexual Abuse is committed, and that the disclosure order or notifying order under Articles 47(1) and 49(1) of the former Special Act on the Protection of Children and Juveniles against Sexual Abuse is not subject to an attempted disclosure order or notifying order under Article 47(1) and 49(1)1 of the former Special Act on the Protection of Sexual Abuse, contrary to its stated reasoning and reasoning.

2. Meanwhile, on the other hand.

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