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1. The part of the judgment below on the defendant is reversed.
A defendant shall be punished by imprisonment for two years.
80 hours per the defendant.
Reasons
The summary of the grounds for appeal is that the punishment (two years of imprisonment, 80 hours of completing sexual assault treatment programs, and 5 years of disclosure and notification of personal information) imposed by the lower court on the Defendant and the person who requested an attachment order (hereinafter “Defendant”) (hereinafter “Defendant”), is too unreasonable.
The lower court ordered the Defendant to attach an electronic tracking device for a five-year period of time, imposed a prohibition of outing from 00 to 05:00 as a matter of obligation, and the Defendant’s duty to work as a captain, even after being released from the instant case, is unreasonable.
Judgment
The lower court determined ex officio as to the part of the case against the Defendant, on the ground that the crime of indecent act by force of this case constitutes a repeated crime under Article 3 of the Act on Special Cases Concerning the Punishment of Specific Crimes (hereinafter “Specific violent Crimes Act”), i.e., a specific violent crime, and again commits a specific violent crime within three years after the completion or exemption of the execution thereof, and accordingly aggravated twice the short term and the long term.
Article 2 (1) of the Act on the Protection of Children and Juveniles from Sexual Abuse and Article 301-2 of the Criminal Act among the crimes of rape and indecent conduct in Part II of the Criminal Act, and Article 2 (3) of the Act on the Protection of Children and Juveniles from Sexual Abuse and Article 305 (excluding the crimes under Article 32 of the Act on Special Cases concerning the Punishment of Children and Juveniles from Sexual Abuse and Article 30-2 of the Criminal Act), and Article 305 (excluding the crimes under Article 32 of the Act on the Protection of Children and Juveniles from Sexual Abuse and Article 9-2 of the Act on the Protection of Children and Juveniles from Sexual Abuse, Article 30 of the Act on the Protection of Children and Juveniles from Sexual Abuse and Article 4 of the Act on Special Cases concerning the Punishment of Children and Juveniles from Sexual Crimes, Article 30 of the Act on the Protection of Juveniles from Sexual Abuse and Article 50 of the Act on the Protection of Children and Juveniles from Sexual Crimes and Article 305 of the Act on Special Cases concerning the Punishment of Children and Juveniles from Sexual Crimes.