아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Provided, That the above punishment shall be imposed for five years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and three years of suspended execution) of the lower court is deemed to be too uneasy and unfair.
2. We examine ex officio the period of the disclosure order and notification order ordered by the court below prior to the judgment on the grounds for appeal by the prosecutor.
The main text of Article 38(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Act”) provides that “a court shall, by judgment, order a person, etc. who has committed a sex crime against a child or juvenile, etc. to disclose disclosed information under paragraph (3) through an information and communications network during the registration period (hereinafter “order to disclose information”) shall be declared concurrently with a judgment on a sex crime against a child or juvenile.” Article 36(1) of the ASEAN provides that “the registration period” under Article 38(1) of the ASEAN Act shall be 20 years.
Meanwhile, Article 38(2) of the ASEAN provides that “The period for disclosure of registered information under paragraph (1) shall not exceed the period under Article 7 of the Act on the Lapse of Punishment, Etc. (hereinafter “the Invalidation of Punishment”),” and Article 7(1) of the Invalidation of Punishment Act provides that “the period for disclosure of information under paragraph (1) shall not exceed the period under Article 7 of the same Act.” Article 38(1) of the ASEAN provides that “When a convict terminates or is exempted from the execution of a punishment without being sentenced to suspension of qualifications or any heavier punishment, the punishment shall be invalidated when the period under the following classification elapses from the date of the completion or exemption of the execution of the punishment.” Article 38(2) provides that “The punishment shall be invalidated
In addition, Article 38-2 (1) of the ASEAN provides that the notification order under the above provision shall be notified during the period of the disclosure order under Article 38 of the ASEAN Act, and the notification period of the notification order is the same as the disclosure period of the disclosure order.
In full view of the above provisions, the period of registration of the registered information to be disclosed and notified by the disclosure order and notification order is 20 years, but the period of invalidation of punishment prescribed by the Criminal Procedure Act.