The judgment below

The defendant's case shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that from the date of this judgment.

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of imprisonment with prison labor and three years of suspended sentence) is too uneased and unfair.

2. Determination

A. The decision is ex officio prior to the judgment on the grounds for appeal as to the accused case.

Since the disclosure notification order is an incidental disposition to be pronounced simultaneously with a conviction, so long as an appeal has been filed against the accused case, the disclosure notification order shall be included in the scope of the adjudication by the appellate court, and if the whole or part of the disclosure notification order is unlawful, the whole part of the order shall be reversed,

[See Supreme Court Decision 2010Do17564, 2010Do172, March 10, 201, etc.] Meanwhile, the Act on the Protection of Children and Juveniles against Sexual Abuse prior to the amendment on December 18, 2012, was not included in “sexual assault against a child or juvenile” (Article 2 subparag. 3 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); Article 8 of the Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012); thus, the crime of sexual assault against a child or juvenile, was included in “sexual assault against a child or juvenile” (Article 2 subparag. 3 of the Act on the Protection of Children and Juveniles against Sexual Abuse); and Article 11-2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse, etc. against the disabled person should be deemed retroactively included in the crime against the disabled person.

Unless there is a provision on retroactive application, there is a view that retroactive application should be made in consideration of the nature of the security measure. However, even if there is a difference between punishment and its nature, it is obvious that the security measure such as the disclosure order is a disadvantageous disposition to the defendant.