성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six years.
The information on the accused shall be disclosed for a period of five years.
1. Summary of grounds for appeal (the part concerning the defendant's case);
A. The sentence of the lower court (limited to imprisonment for six years, 40 hours’ order, disclosure and notification order for five years, and 10 years’ employment restriction order) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Ex officio determination
A. In the appellate trial, the prosecutor requested the attachment order of an electronic tracking device against the defendant, and this court decided to jointly examine the case of the defendant and the case of the attachment order. The case of the attachment order shall be examined together with the defendant's case and the judgment shall be sentenced simultaneously, and this court accepted the attachment order request, and therefore the judgment of the court below cannot be maintained any more in this respect.
B. The main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018; effective June 12, 2019) provides that where a court sentences a person to "sexual crime" (referring to sexual crimes defined in Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or sex crimes against children and juveniles defined in Article 2(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse), an order to operate welfare facilities for a certain period or not to provide employment or actual labor to welfare facilities for persons with disabilities shall be issued simultaneously with a judgment of a sex offense case, and the proviso to the above provision provides that the same shall not apply to cases where the risk of recidivism is significantly low or where the employment is restricted.
Meanwhile, according to Article 2 of the Addenda to the above Act, the amended provisions of Article 59-3 shall also apply to persons who have committed sex offenses before this Act enters into force and have not received final judgment.
According to Article 2 subparagraph 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, each offense in the judgment of the court below.