성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for ten years.
80 hours per the defendant.
1. The defendant case;
A. As to the summary of the grounds for appeal (e.g., 12 years of imprisonment), each of the prosecutors appealed on the grounds that the Defendant and the person requesting an attachment order (hereinafter “the Defendant”) are too harsh, on the grounds that the Defendant and the person requesting an attachment order (hereinafter “the Defendant”) are too minor.
B. We examine ex officio the judgment on the grounds for appeal ex officio.
On the premise that Article 38-2 (1) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse applies to the crimes provided for in paragraphs (1) through (5) of the judgment below, the court below ordered the defendant to notify the defendant of the information for ten years.
However, Article 1 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 10260, Apr. 15, 2010) provides that the amended provisions of Articles 38-2 and 38-3 (Notification of Registered Information) concerning an order to notify shall enter into force on January 1, 201. Article 4 of the Addenda provides that the aforementioned amended provisions of Articles 38-2 and 38-3 shall apply to a person subject to an order to notify because he/she first committed a sex offense against a child or juvenile after the enforcement of the same amended provisions, and ultimately, a sex offense subject to an order to notify pursuant to Article 38-2 of the Act on the Protection of Children and Juveniles against Sexual Abuse is limited to a sex offense against a child or juvenile committed after January 1, 201, which is subject to an order to notify under paragraphs (1) through (5) of the aforementioned Article 38-2 of the Act on the Protection of Children and Juveniles against Sexual Abuse.
Nevertheless, the court below ordered notification by applying the above legal provisions to the above crime. The court below erred by misapprehending the legal principles on the scope of application of Article 38-2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which affected the conclusion of the judgment.
On the other hand, an order of notification is an incidental disposition to be declared simultaneously with a judgment of a sex offense against a child or juvenile.