A defendant shall be punished by imprisonment for not less than eight months.

The defendant is a child or juvenile-related institution, etc.

A. The lower court’s sentence (one-month imprisonment, etc.) against the Defendant and the claimant for the observation order of the protected object (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) It is unreasonable for the lower court to exempt the Defendant from the disclosure and notification order, even though there are no special circumstances that would not disclose or notify the Defendant’s personal information.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. The Seoul Central District Court, the appellate court, filed a motion for an order to observe the protection of the Defendant and filed a consolidated trial with the Defendant, and the said court decided to concurrently examine the case of the Defendant and the case of the application for an order to observe the protection.

The request for a protective observation order shall be examined together with the defendant's case and sentenced simultaneously to the judgment, so the judgment of the court below cannot be maintained any more.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor’s improper assertion of exemption from disclosure and notification order and the determination of unfair sentencing by both parties, on the grounds that the judgment of the court below is reversed ex officio, and the following is determined through pleading

[Re-written judgment] In light of the criminal records, the contents and methods of the instant crime, the character and conduct of the Defendant, etc., a person who committed a sexual crime as stated in the judgment of the court below, and is likely to recommit a sexual crime.

The summary of the facts constituting the crime and its evidence acknowledged by this court is as follows: The facts constituting the cause of the protective observation order following the actual disturbance of the crime in the original judgment, and except for adding the risk of recidivism as stated below to the column for the evidence, the facts constituting the crime are as stated in the corresponding column in the original judgment, and thus, it is subject to Article 369 of the Criminal Procedure Act.