The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

The sentence (two years and six months of imprisonment, three years of suspended execution, etc.) imposed by the court below on the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as "defendant") shall be deemed too unhued and unreasonable.

It is unreasonable for the lower court to dismiss the request for the attachment order of this case, even though the Defendant was found to have a habit of a sexual crime and has high risk of re-taking a sexual crime.

Judgment

Before determining the grounds for appeal by the prosecutor, this paper examines ex officio the order to disclose and notify the judgment of the court below.

The lower court ordered the Defendant to disclose and notify the information on the Defendant for five years, while sentenced to the suspended sentence of two years and three years in June.

Article 49(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that the disclosure period of registered information shall be calculated from the time a judgment becomes final and conclusive, and the disclosure period of registered information shall not exceed the period under Article 7 of the Act on the Lapse of Punishment, etc. of Sexual Crimes, and Article 50(1) of the same Act provides that the disclosure order shall be notified during the period of disclosure order.

Article 65 of the Criminal Act on the effect of suspended sentence provides that "the sentence shall lose its effect" means that the legal effect of the sentence upon the sentence shall be extinguished in the future, such as the invalidation of the sentence by law on the invalidation of the sentence (see, e.g., Supreme Court Decision 2010Do8021, Sept. 9, 2010). Thus, if a person who was sentenced to suspended sentence loses its effect after the lapse of the grace period specified without the invalidation or revocation of the sentence, a public notice may not be given, and the period of the public notice and notification order shall be limited to the period of the suspended sentence.

Nevertheless, the lower court shall disclose and notify the Defendant’s information for five years.