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(영문) 서울고등법원 2013.10.31 2013노2646
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등
Text

Of the defendant's case of the judgment below, the part concerning the first through third crime of the judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for five years.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (five years of imprisonment and four months of imprisonment) imposed by the court below against the defendant is too unreasonable.

2. The lower court rendered a judgment dismissing the prosecutor’s request regarding the part of the Defendant case and the part regarding the case regarding which the request for attachment order was filed.

Notwithstanding Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders as there is no benefit in filing an appeal regarding the part of the claim for attachment order as to the claim for attachment order, this part is excluded from the scope of the trial of the court (see Supreme Court Decision 82Do2823, 82Do611, Jan. 18, 1983).3.

A. Determination ex officio (part 1 to 3 of the judgment of the court below among the defendant's case in the judgment of the court below), prior to the judgment on the grounds for appeal by the defendant, the court below determined that the defendant who committed each crime under Articles 1 and 2 of the judgment of the court below in August 2004 and October 10 of the same year constitutes a person subject to registration of personal information in accordance with Article 47 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Crimes, and Article 4 (2) of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 42 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

However, Article 2(2) of the former Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by April 15, 2010) provides that Article 37 and 41 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1021, Apr. 15, 2010) shall apply to a person subject to an initial disclosure order or notification order after the enforcement of Articles 37 and

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