성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven years.
For a period of 10 years, disclosed information on the accused.
1. Summary of grounds for appeal;
A. The court below’s order to attach an electronic tracking device for 10 years is unreasonable, where the defendant and the person subject to a request to attach an electronic device (hereinafter “the defendant”) did not have any history of having been punished for a sex offense before the instant case, and the defendant did not have any risk of recidivism.
B. The prosecutor (unfair form of punishment)’s sentence imposed by the lower court is too uneasible.
2. Determination
A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio as to the part of the Defendant’s case, the lower court ex officio, and the lower court, on June 2007, as indicated in paragraph (1) of the judgment below,
7. With respect to a crime of sexual intercourse with a female under the age of 13, a female under the age of 13, the court ordered the defendant to give notice of information about the defendant for 10 years by applying Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.
However, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) limits the target of sexual crimes by excluding those who committed sexual crimes subject to an order to notify personal information to adults, and does not impose any restrictions differently from the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Act”), which provides for a supplementary provision that limits the target of sexual crimes to crimes committed after the enforcement of the provision on an order to notify personal information even for the time when the target crime was committed. The introduction of the Juvenile Act’s order to notify personal information to a sex crime subject to a child is intended to prevent sexual crimes subject to a sex offense, while it is intended to prevent the sex crime subject to an order to notify personal information against an adult.