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(영문) 대구고등법원 2013.05.29 2012노778
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The lower court’s punishment (one year of imprisonment and two years of suspended execution) against the Defendant as to the summary of the grounds for appeal is unreasonable.

2. We examine the period of disclosure and notification order ordered by the court below ex officio prior to the judgment on the grounds for appeal by the prosecutor as above.

Article 37(1) main sentence of Article 37(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the "Act") provides that "a court shall sentence a person who has committed a sexual crime subject to registration to disclose disclosed information through an information and communications network during the registration period, simultaneously with a judgment on a sexual crime subject to registration." According to Article 35(1) of the Act, "registration period" under Article 37(1) of the Act is ten years.

Meanwhile, Article 37(2) of the Act provides that the period of disclosure of the above registered information shall not exceed the period under Article 7 of the Act on the Lapse of Punishment, etc. (hereinafter “the Act on the Lapse of Punishment”), and Article 7(1) of the Act on the Lapse of Punishment, etc. shall be invalidated when the period under the following classification expires from the date on which the execution of punishment is completed or exempted, without being sentenced to suspension of qualification or any heavier punishment, by a person who has been sentenced to imprisonment or imprisonment without prison labor for more than three years, and for imprisonment with or without prison labor for not more than three years, five years (subparagraph 1) shall be invalidated, respectively:

In addition, Article 41 (1) of the Act provides that information to be notified shall be notified to local residents of the Eup/Myeon/Dong in which a person subject to notification resides during the period of disclosure order under Article 37 of the Act.

In full view of the above provisions, the registration period of the registered information to be disclosed and notified by the public disclosure and notification order is ten years, but the effective period of the punishment has expired and the legal effect of the sentence is imposed.

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