아동ㆍ청소년의성보호에관한법률위반(강간등)
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 (e.g., imprisonment with prison labor for six months and one year of suspended execution) of the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the Defendant’s defense counsel ex officio before the judgment on the grounds for appeal on the grounds for appeal by authority is seeking revocation of an order to disclose or notify the Defendant in each of the arguments, etc., which was submitted to this court on September 13, 2012 and October 9, 2012, after the date on which the appeal by authority was not timely filed
Article 38 (1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Act”) provides that a court shall sentence any person subject to disclosure of any of the following subparagraphs, such as a person who has committed a sex crime against a child or juvenile, to disclose disclosed information, such as the name, age, address, etc., prescribed in paragraph (3) of the same Article, in concurrent with a judgment on a sex offense case against a child or juvenile, and the court shall issue an order to notify the persons subject to disclosure of any of the above subparagraphs, including a person who committed a sex crime against a child or juvenile, to inform the local residents of the Eup/Myeon/Dong where the person subject to disclosure of disclosed information, such as disclosure information, transfer information, etc., under paragraph (3) is located during the period of such disclosure order, and the proviso to Article 38 (1) of the same Act provides that “where a fine is imposed for a sex offense case against a child or juvenile, or a defendant is a child or juvenile, or any other special circumstance against disclosure of personal information exists.”
Here, the issue of whether the disclosure order or notification order constitutes "any other special circumstance that is prohibited from disclosing personal information" as one of the grounds for exception is committed by the offender, such as the defendant's age, occupation, risk of recidivism.