성폭력범죄의처벌등에관한특례법위반(특수강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for ten years.
between 10 and 10 years of information on the accused.
1. Summary of grounds for appeal;
A. The sentencing of the lower court is too inappropriate.
B. It is unreasonable for the lower court to order the disclosure and notification of the information of the Defendant for a period of ten years, even in extenuating circumstances where the disclosure of personal information of the Defendant and the person who requested an attachment order (hereinafter “Defendant”) should not be disclosed.
(c)
Although there is no risk of recidivism and recidivism of sexual crimes, it is unfair that the court below ordered the defendant to attach an electronic tracking device for a period of 20 years.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
1) First, Article 2 subparag. 2 of the Act on the Protection and Observation of Specific Criminal Offenders (hereinafter “Act”) means “sexual crimes” among specific crimes subject to an attachment order, and Article 301-2(a) of the Act on Special Cases Concerning the Robbery of Juveniles (referring to the Crimes under Article 305 of the Act on Special Cases Concerning the Rape and Indecent Act) and Article 301-3(a) of the Act on the Protection of Juveniles from Sexual Abuse (referring to the Crimes under Article 302(Rape, etc.) (limited to the Crimes under Article 305 of the Act on Special Cases Concerning the Robbery of Juveniles from Sexual Crimes) and Article 302(limited to the Crimes under Article 30-2(Rape, etc.) of the Act on Special Cases Concerning the Robbery of Juveniles from Sexual Abuse (limited to the Crimes under Article 305(Rape, etc.) and Article 305(3)(4) of the Act on Special Cases Concerning the Robbery of Juveniles from Sexual Abuse.