The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

A sexual assault therapy program against the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower judgment’s sentencing (aggravating five years of imprisonment, orders to complete sexual assault treatment programs 80 hours, and orders to disclose information for five years) is too unreasonable.

2. We examine ex officio the following points prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

A. Articles 47(1) and 49(1)2 and 50(1)2 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which apply mutatis mutandis under Articles 47(1) and 49(1), and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, provide that “a person who commits any of the crimes under 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,” shall issue an order to disclose and notify the facts of the sexual crime to “a person who commits any of the crimes under Articles 2(1)3 and 2(2) (limited to subparagraphs 3 and 4 of paragraph (1)), and 3 through 15, among the crimes in the instant case, does not constitute a sexual crime

Nevertheless, the court below ordered the defendant to disclose information, without specifying the crime subject to disclosure disclosure notice as the crime of rape in this case, and ordered the disclosure disclosure order and notification order for all of the crimes. The court below erred by misapprehending the legal principles on the requirements for disclosure disclosure order and notification order under each applicable provision of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Protection of Children and Juveniles against Sexual Abuse.

Thus, the part of the judgment of the court below regarding an order to disclose information shall be reversed, which is an incidental disposition to be sentenced simultaneously with the judgment of the case of the sexual crime, and if the whole or part of the judgment of the court below is unlawful, it shall be reversed in its entirety.

B. Ex officio determination on an employment restriction order is made on July 17, 2018, and the Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 15352, Jan. 16, 2018).