The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (one hundred months of imprisonment, two years of suspended sentence, and in particular three years of open notice) is too unreasonable.

2. The main text of Article 38(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter referred to as the “former Act”) provides that “a court shall order a person, etc. who has committed sexual assault against a child or juvenile to disclose information under paragraph (3) through an information and communications network during the registration period (hereinafter referred to as “disclosure order”) to disclose such information by judgment prior to the judgment on the grounds of appeal by the Defendant.” Article 36(1) of the former Act provides that “the registration period” under Article 38(1) of the same Act is 20 years.

Meanwhile, Article 38(2) of the former ASEAN provides that “The period for disclosure of registered information under paragraph (1) shall not exceed the period under Article 7 of the Act on the Lapse of Punishment, Etc. (hereinafter “Act on the Lapse of Punishment”),” and Article 7(1) of the Act on the Lapse of Punishment, etc. provides that “the period for disclosure of information under paragraph (1) shall not exceed the period under Article 7 of the Act on the Lapse of Punishment, etc. shall not exceed the period under which punishment is invalidated upon the expiration of any of the following periods from the date on which the execution of punishment is completed or exempted, without being sentenced to suspension of qualifications or more severe punishment, shall be invalidated:

Meanwhile, Article 38-2(1) of the former ASEAN provides that the notification order under the said provision shall be notified during the period of the disclosure order under Article 38 of the same Act.

In full view of the above provisions, the registration period of the registered information to be disclosed and notified by the disclosure order and notification order is 20 years, but the effective period of punishment as provided by the Criminal Procedure Act has expired.