아동ㆍ청소년의성보호에관한법률위반(장애인간음)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
The defendant shall be treated for sexual assault for 80 hours.
1. Summary of grounds for appeal;
A. Defendant and the person subject to a request for attachment order (as to the Defendant’s case part), 1) misunderstanding of facts and the person subject to a request for attachment order (hereinafter “Defendant”)
(2) The judgment of the court below that found the defendant guilty of a crime in the judgment of the court below without sexual intercourse with the victim is erroneous and adversely affected the conclusion of the judgment by misunderstanding the facts. (2) The sentence imposed by the court below on the defendant of unfair sentencing (a three or five years of imprisonment, an information disclosure and notification order, and an order to complete a sexual assault treatment program for a 80-hour
B. Prosecutor 1) In regard to the part of the Defendant case, the lower court’s judgment that acquitted each of the Defendant portion was erroneous by misapprehending the facts and adversely affecting the conclusion of the judgment, on or around September 8, 2012, and around September 15, 2012, as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “the part not guilty”), on or around September 15, 2012.
B) The judgment of the court below on the grounds that the sentence imposed on the defendant is too uneasible and unfair. 2) The judgment below dismissed the defendant's claim to attach an electronic tracking device of this case, which affected the conclusion of the judgment by misapprehending the legal principles on the defendant's request to attach an electronic tracking device of this case, even though it is recognized that the defendant is likely to recommit a sexual crime in light of the result of the investigation on the risk of recidivism by the
2. Determination:
A. As to the part of the Defendant’s case, the lower court ex officio ordered the Defendant to disclose and notify the information for five years pursuant to Articles 38(1)1 and 38-2(1)1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); however, Article 38(1) of the said Act.