A defendant shall be punished by imprisonment for two years.

Sexual assault, 80 hours against the defendant.

A. Defendant case 1) The lower court’s inappropriate sentencing decision and the person requesting an attachment order (hereinafter “Defendant”)

(ii) It is unreasonable for the court below to order the disclosure and notification of the personal information of the accused for a period of 10 years, even though there are special circumstances under which disclosure or notification order cannot be disclosed or notified to the accused.

B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for ten years, even though the Defendant in the attachment order case does not pose a risk of preventing the recidivism of a sexual crime or another sexual crime again.

2. Determination

A. According to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Articles 49(2) and (1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the disclosure period of registered information does not exceed the period prescribed in Article 7 of the Act on the Lapse of Punishment, etc., and the disclosure order should be given during the disclosure period.

Meanwhile, Article 7(1) of the Act on the Lapse of Punishment, Etc. provides that “the punishment shall be invalidated when the period specified in any of the following subparagraphs elapses from the date the execution of the punishment is completed or exempted without being sentenced to suspension of qualifications or more severe punishment,” respectively, includes ten years for imprisonment without prison labor or imprisonment without prison labor for more than three years (No. 1), five years for imprisonment without prison labor for not more than three years (No. 2), and two years for fines (No. 3) for the period during which the punishment becomes invalidated:

Therefore, when a person subject to disclosure and notification order is sentenced to imprisonment or imprisonment without prison labor for not more than three years, it is not possible to order the disclosure of registered information for a period exceeding five years or to order the notification.

Nevertheless, the lower court ordered the Defendant to disclose and notify the information on the Defendant for a period of ten years, which was sentenced to two and a half years of imprisonment.