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(영문) 서울고등법원 2014.10.10 2014노2115
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for eight years.

. Information on the Defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence (one-year imprisonment) imposed by the lower court on the Defendant and the respondent for the attachment order (hereinafter “Defendant”) is too unreasonable.

B. Although it is deemed that there is a special circumstance that the defendant should not disclose or notify the defendant's alleged information, it is unfair that the court below sentenced the defendant to disclose or notify the defendant, and the period (10 years) is too too long.

C. Although the court below's order to attach an electronic device to the defendant is not likely to repeat a crime, it is unfair that the court below's order to attach an electronic device is unfair, and the period (10 years) is too long.

2. Article 37(1)1 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012) on the part of the Defendant’s case provides for an order to disclose disclosed information to “a person who has committed a sexual crime subject to registration” and an order to notify “a person who has committed a sexual crime subject to registration” under Article 41(1)1 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11162, Jan. 17, 2012) to disclose information and notification of information on “a person who has committed a sexual crime subject to registration.” Of the instant criminal facts, the crime of robbery in the instant criminal facts does not constitute “a sexual crime subject to

However, the court below ordered the disclosure order and notification order as to the part of the crime of robbery among the crimes in this case. The court below erred in the misapprehension of legal principles as to the requirements for disclosure order and notification order under each applicable provision of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which affected the conclusion of the judgment. Ultimately, among the judgment below, the part of disclosure order and notification order as to the crime of robbery in this case

Furthermore, the above.

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