아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.
In addition, considering the fact that the defendant is the 20th young age of the second half class, there are special circumstances in which personal information should not be disclosed. Therefore, it is unreasonable for the court below to impose an order of disclosure and notification.
2. Determination
A. We examine the period of disclosure and notification order ordered by the lower court ex officio prior to the judgment on the grounds for appeal by the Defendant’s ex officio judgment.
The main sentence of Article 38(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Act”) provides that “The court shall, by judgment, order a person who has committed a sex crime against a child or juvenile, etc. to disclose disclosed information through an information and communications network during the registration period (order to disclose information) shall be sentenced simultaneously with a judgment on a sex crime against a child or juvenile.” According to Article 36(1) and (2) of the ASEAN Act, the term “registration period” under Article 38(1) of the ASEAN Act is 20 years.
In addition, Article 38(2) of the ASEAN provides that “The period for disclosure of registered information under Article 38(1) of the ASEAN shall not exceed the period under Article 7 of the Act on the Lapse of Punishment, Etc. (hereinafter “the Act on the Lapse of Punishment”). Article 7(1) of the Act on the Lapse of Punishment, Etc. provides that “The period for disclosure of information on registration under Article 38(1) of the ASEAN shall not exceed the period under Article 7 of the same Act.” Article 7(1) of the Act on the Lapse of Punishment, etc. shall be invalidated when the period under the following classification elapses from the date on which the execution of punishment is completed or exempted, without being sentenced to suspension of qualification or any heavier punishment, for imprisonment or imprisonment without prison labor for more than three years, and for
In addition, Article 38-2 (1) of the ASEAN provides that notification information under paragraph (3) shall be notified to local residents of the Eup/Myeon/Dong in which a person subject to notification resides during the period of disclosure order under Article 38 of the ASEAN Act.