성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
information about the defendant for five years.
1. The summary of the grounds for appeal (a factual error) and the person subject to a request to attach an attachment order (hereinafter “defendant”) are only the victim’s earing, and the fact that the Defendant committed an indecent act by means of the victim’s talking with his/her stude and talking with him/her, etc. is not true.
Nevertheless, the court below found the defendant guilty of the facts charged in this case as evidence against the victim who has no credibility and his testimony. Thus, the court below erred by misunderstanding facts and affecting the conclusion of the judgment.
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 stipulated under Article 7 of the Act on the Lapse, etc. of Punishment of Specific Crimes. Article 7(1) of the Act on the Lapse, etc. of Punishment of Specific Crimes provides that “The period of disclosure of registered information shall not exceed the period stipulated under Article 7 of the Act on the Lapse, etc. of Punishment of Children and Juveniles against Sexual Abuse.” Article 7(1) of the Act on the Lapse, etc. of Punishment of Specific Crimes provides that “When the period stipulated under the following classification has elapsed from the date on which the execution of punishment is completed or exempted, the punishment shall be invalidated when the person who has
Therefore, when a court declares a person subject to disclosure and notification under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and a person subject to disclosure and notification under Article 49(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, it should not be deemed that the court cannot order the disclosure and notification of information for more than five years when it
Nevertheless, the lower court ordered the Defendant to disclose and notify the information about the Defendant for a period of six years, while sentenced to two years and six months of imprisonment for the instant criminal facts. Therefore, the lower court erred by misapprehending the legal doctrine on the period of disclosure notification order, thereby adversely affecting the conclusion of the judgment