A defendant shall be punished by imprisonment for six years.

Sexual assault, 40 hours against the defendant.

A. There is no misunderstanding of facts and misunderstanding of legal principles that the Defendant has induced a victim for the purpose of committing an indecent act or committed similar act to the victim.

The victim does not have a mental disorder to the extent that he/she is unable to exercise his/her right to sexual self-determination, and the defendant did not recognize it.

B. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability.

C. The lower court’s sentence of unreasonable sentencing ( down to six years of imprisonment, 40 hours of order to complete sexual assault treatment programs, 10 years of notification of disclosure of personal information, and 5 years of restriction on employment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

Article 47(1) and Article 49(1)2 and Article 50(1)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which apply mutatis mutandis to Articles 47(1) and 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, shall require an order to disclose and notify “a person who commits a crime under any provision of Articles 2(1)3 and 4, 2(2) (limited to subparagraphs 3 and 4), and 3 through 15 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.”

However, the crime of inducing indecent act among the crimes of this case does not constitute the sexual crimes as above.

Nevertheless, the lower court sentenced the disclosure order and notification order regarding the whole criminal facts of the instant case.

The judgment of the court below is erroneous in the misapprehension of legal principles as to the requirements for disclosure order and notification order under each applicable provision of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse, which affected the conclusion of the judgment. Ultimately, the part of the judgment below regarding disclosure order and notification order concerning indecent act inducement

Furthermore, the disclosure order and notification order are the incidental disposition to be sentenced simultaneously with the judgment of the sexual crime case in question.