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(영문) 대구고등법원 2019.08.28 2019노275 (1)
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

1. The part of the judgment below regarding the defendant's case shall be reversed.

2. The defendant shall be punished by imprisonment for three years;

3.Provided, That this judgment shall not apply.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the defendant and the court below's improper exemption from disclosure and notification order of personal information is the defendant and the respondent for attachment order (hereinafter "defendant").

2) The lower court’s sentence (three years of imprisonment and four years of suspended execution) on the grounds that the exemption from the order to disclose and notify personal information is unreasonable.

B. The lower court’s dismissal of the Defendant’s request for an attachment order against the prosecutor, despite the risk of recidivism in the part of the request for attachment order.

2. Determination

A. Part 1 of the Defendant’s case is ex officio prior to the judgment on the grounds of appeal by the prosecutor’s ex officio determination. Article 59-3 of the Welfare of Disabled Persons Act, which uniformly amended by Act No. 15904, Dec. 11, 2018; Article 59-1 and (2) of the same Act, which provides for the restriction on employment of welfare facilities for disabled persons for the period of ten years for each Defendant in consideration of the seriousness of the crimes and the risk of recidivism when the court sentenced the punishment for individual sex offenses; Article 2 of the Addenda of the above Act, Article 59-3 of the Addenda of the above Act, provides that the above Act shall apply to persons who committed sex offenses before June 12, 2019, which is the enforcement date of the above Act, and the above amended Act shall also apply to those who did not receive a final and conclusive judgment. Therefore, the lower judgment may no longer be maintained in this regard. This part of the judgment is still subject to ex officio exemption from disclosure or notification of personal information.

The lower court shall also have the effect of preventing recidivism, only with the fact that the Defendant has no record of punishment for sexual assault crimes, and the registration of personal information and taking lectures for sexual assault treatment.

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