준강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is that the Defendant did not commit an indecent act by putting his hand in the victim’s inner part, and the victim did not have to resist at the time.
Nevertheless, the court below found the Defendant guilty of the facts charged of this case, and there is an error of mistake or misunderstanding of legal principles.
2. Determination
A. Determination 1 ex officio: Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which omitted determination on whether to disclose or notify the disclosure thereof, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the court shall, pursuant to Article 2(1)3 and 4, and Article 2(1)4 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (limited
A) In a judgment on a person who commits an offense under any provision of Articles 3 through 15, an order to disclose disclosed information through an information and communications network during the registration period shall be issued concurrently with a judgment on a case subject to registration. According to Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, a court shall limit only those persons subject to disclosure to Article 2(1)3 and 4 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among persons subject to disclosure
A) As to a person who commits a crime under any provision of Articles 3 through 15, an order to notify information during the period of disclosure order under Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be sentenced to a judgment in the same manner as a judgment on a sex offense case subject to registration: Provided, That the foregoing shall not apply where it is determined that there are special circumstances against disclosure or notification of personal information (the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. The instant crime constitutes a crime subject to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.