준강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The defendant does not commit an indecent act against the victim by taking advantage of the victim's failure to resist, such as the facts stated in the judgment below.
B. The lower court’s sentence on the Defendant of unreasonable sentencing (7 million won of fine) is too unreasonable.
2. Determination
A. Determination 1 ex officio as to an order to disclose or notify personal information constitutes a sex crime subject to registration under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes. Thus, Articles 47(1) and 49(1) of the same Act and Articles 49(1) and 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019) and the order to disclose or notify personal information is subject to an order to disclose or notify personal information, barring any special circumstance not to impose such order pursuant to Article 50(1) of the same Act. While the lower court found the Defendant guilty of the above quasi-decent act, it did not impose an order to disclose or notify personal information on the Defendant, and the lower court erred by misapprehending the aforementioned order to disclose or notify personal information under Article 20(1)3 of the Act on Special Cases concerning the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 26165, Feb. 161, supra). 20161, supra.