아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles as to the facts charged in the instant case, although the Defendant, at the time of the instant case, kids the victim’s fry, and frying the victim’s fry and clothes, the Defendant was under the influence of the Defendant’s clothes. However, it is not unlawful as it was made with the victim’s consent, and there was no assault or intimidation as to the crime of indecent act by compulsion. Nevertheless, the lower court found the Defendant guilty of the instant facts charged on the basis of the victim’s statement without credibility. In so doing, the lower court erred by misapprehending the legal principles as to mistake of facts and indecent act by compulsion of facts against the rules of evidence, thereby affecting the conclusion of the judgment. 2) The sentence of unfair sentencing (one year and six
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. We examine ex officio the period of disclosure and notification order ordered by the court below prior to the judgment on the grounds for ex officio appeal.
The main text of Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter referred to as the “former Act”) provides that “a court shall order a person who has committed a sexual crime against a child or juvenile to disclose information under paragraph (3) through an information and communications network during the registration period (hereinafter referred to as “order for disclosure”) to the public by judgment during the registration period shall be sentenced simultaneously with the judgment of the sex offense case against the child or juvenile.” Article 36(1) of the former Act provides that “registration period” under Article 38(1) of the same Act shall be 20 years.
Meanwhile, Article 38(2) of the former Act provides that “The period for disclosure of registered information under paragraph (1) shall not exceed the period under Article 7 of the Act on the Lapse of Punishment, etc. (hereinafter “Punishmental Invalidation Act”).” Article 7(1) of the same Act provides that “The period for disclosure of registered information under paragraph (1) shall not exceed the period.”