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(영문) 대법원 2016.06.23 2015오3
아동ㆍ청소년의성보호에관한법률위반(성매수등)등
Text

We reverse the original judgment.

A defendant shall be punished by imprisonment for one year.

The defendant is about 40 hours of sexual assault treatment program.

Reasons

The grounds for emergency appeal are examined.

1. The record reveals the following facts.

A. On September 4, 2014, the original judgment rendered a judgment on the Defendant’s violation of the Act on the Protection of Children against Sexual Abuse (i.e., purchase of sex), theft, intrusion upon residence, and intimidation against the Defendant, the Defendant was punished by imprisonment with prison labor for one year, ordering the Defendant to complete a sexual assault treatment program for 40 hours, and disclosing and notifying the Defendant’s information via an information and communications network for 5 years.

B. Accordingly, the Defendant and the Prosecutor appealed to the Gwangju High Court (former High Court) 2014No. 192, but the said court rendered a judgment dismissing both appeals on November 25, 2014, and the said judgment became final and conclusive on December 3, 2014.

(c)

The criminal facts of violation of the Act on the Protection of Juveniles against Sexual Abuse (hereinafter “instant criminal facts”) found guilty in the original judgment (hereinafter “instant criminal facts”) are as follows: “The Defendant purchased the F (F), which is a juvenile, on June 15, 2014 and July 5, 2014, twice the age of 14).”

The lower judgment recognized that the instant criminal facts constituted Article 13(1) of the Act on the Protection of Juveniles from Sexual Abuse (hereinafter “Juvenile Protection”), and further, applied Articles 49(1) and 50(1), and ordered disclosure and notification as above.

2. As to the person subject to disclosure of registered information, Article 49(1) of the Juvenile Protection Act is likely to recommit a sex offense against a child or juvenile under the age of 13 against a child or juvenile under the age of 13, who commits a crime under any provision of Articles 2(1)3 and 4, 2(2) (limited to subparagraphs 3 and 4 of paragraph (1)), and 3 through 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”), and a person who commits a sex offense against a child or juvenile under the age of 13, and who commits a sex offense against a child or juvenile under the age of 13.

person (as referred to in subparagraph 3), 1, or 1.

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