성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The request for the attachment order of this case is dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”) (the notice of disclosure of information for three years and six years, and the attachment of an electronic tracking device for ten years) is too unreasonable.
B. Prosecutor 1) The sentence imposed by the lower court on the Defendant in the part of the Defendant case is too unfasible and unfair. 2) The location tracking device attachment period ordered by the lower court in the part of the claim for attachment order is too short and thus unfair.
2. Ex officio determination
A. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the Defendant case, and Article 49(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall not exceed the period under Article 7 of the Act on the Lapse of Punishment, etc., and Article 7(1) of the Act on the Lapse of Punishment, etc. provides that “the period of disclosure of registered information shall not exceed the period under Article 7 of the Act on the Lapse of Punishment, etc. of Specific Crimes.” Article 7(1) of the Act on the Lapse of Punishment, etc. shall be effective when the period under the following classification expires from the date on which the execution of punishment is completed or exempted, without prison labor or imprisonment without prison labor for more than three years (title 1), five years for imprisonment with or without prison labor for not more than three
Therefore, when a court pronounces imprisonment with or without prison labor for not more than three years with respect to a sexual crime subject to disclosure of information pursuant to Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 49(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, it shall not be deemed that the court may not order
Nevertheless, the court below sentenced three years of imprisonment with prison labor for the crime of this case and ordered the disclosure of the information about the defendant for six years. The court below's decision on this part is about the period of the disclosure order.