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(영문) 서울고등법원 2014.05.15 2014노663
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (the term of eight months of imprisonment, two years of suspended execution, and forty hours of sexual assault therapy) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. 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) provide that a person who has committed a sex offense subject to registration shall be exempted from disclosure or notification of personal information, and that such exemption or notification shall be given only when there are special circumstances (the first instance court is stipulated in the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, but the former Act on the Protection of Children and Juveniles against Sexual Abuse should be applied to the case where disclosure or notification is not ordered. The lower court determined that the disclosure or notification of personal information of the Defendant would have a considerable effect on preventing recidivism of the Defendant only by taking lectures in the registration of personal information and treatment of sexual assault, the degree of indecent act in this case, Defendant’s age, family environment, social relationship, etc., and that the disclosure or notification would not be given to the Defendant’s special circumstances.

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