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The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
. against the Defendant.
Reasons
1. Summary of grounds for appeal;
A. On July 2, 2018, Defendant 1 directly prepared and submitted a written appeal on July 2, 2018, stating the following as follows: (a) the Defendant committed a crime of attempted rape; (b) misunderstanding of facts, such as attempted rape; (c) the absence of intention to commit a crime of attempted robbery; and (d) misunderstanding of legal principles; and (c) the Defendant explicitly withdrawn the aforementioned arguments on the first trial date.
The sentence imposed by the court below on the defendant and the person who requested to attach an attachment order (hereinafter referred to as "defendants") (the imprisonment of three years and six months) is too unreasonable.
2) It is unreasonable for the lower court to order the Defendant to disclose the Defendant’s personal information for a period of five years.
B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for a period of five years.
2. Determination
A. We examine the defendant's ground of appeal on the part of the case of the defendant ex officio prior to the judgment.
Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018) provides that a person who was sentenced to a punishment or a treatment and custody for a sex offense against a child or a sex offense against an adult (hereinafter “sex offense”) shall not operate a facility, institution, or place of business under each of the following subparagraphs (hereinafter “child-related institution, etc.”) or provide a child-related institution, etc. with employment or actual labor, and uniformly sets the period during which the operation, employment, or actual labor cannot be provided, “ten years from the date on which the execution of all or part of the punishment or treatment and custody is completed or exempted.”
However, Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Revised Act”) amended by Act No. 15352, Jan. 16, 2018; and enforced July 17, 2018, differs from the previous provisions.