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(영문) 서울고등법원 2013.07.04 2013노1524
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for twelve years.

For a period of 10 years, disclosed information on the accused.

Reasons

1. The summary of the grounds for appeal (12 years of imprisonment) by the lower court is too unreasonable.

2. Determination:

A. Ex officio determination as to the part of the case of the Defendant. Prior to the judgment on the grounds of appeal by the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), the lower court ordered the Defendant to notify the Defendant of the information about the crime of rape against the victim on the premise that Article 38-2(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse applies to the crime of rape in spring around 2010 as indicated in the judgment of the lower court among the crimes of this case.

However, the Act on the Protection of Children and Juveniles against Sexual Abuse, which was amended by Act No. 10260 on April 15, 2010, newly established a notification order system under Article 38-2 of the same Act, and Article 1 of the Addenda of the same Act provides that "the amended provisions of Article 38-2 shall enter into force on January 1, 201," and Article 4 of the Addenda provides that "the amended provisions of Article 38-2 concerning the applicable cases of notification of registered information shall apply to a person subject to notification who first commits a sex offense against a child or juvenile, after the enforcement of the said amended provisions, and therefore, Article 38-2 of the Act on the Protection of Children and Juveniles against Sexual Abuse applies to a sex offense against a child or juvenile committed after January 1, 2011 (see Supreme Court Decision 2012Do1116, May 10, 2012). Thus, the crime of rape against a victim under Article 38-2 of the Act on the Protection of Sexual Abuse of Children and Juveniles against Sexual Abuse against Sexual Abuse against Act.

In addition, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes was enacted and promulgated on April 15, 2010 by Act No. 10258.

E. The Act on Special Cases Concerning Sexual Crimes (hereinafter “Special Cases Concerning Sexual Crimes”)

Article 41 (1) 1 shall apply to "a person who commits a sexual crime subject to registration" prescribed in Article 32 (1) of the same Act among persons subject to an order to disclose information.

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