The judgment of the court below is reversed.

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

However, the above punishment for a period of 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 (ten months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, and 40 hours of order to attend a course necessary to prevent recidivism) is too unhued and unreasonable.

2. From among the facts charged in the instant case, the crime of sexual abuse against the victim constitutes a sex offense subject to registration under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Punishment Act”) due to a sex offense against a child or juvenile falling under Article 2 subparag. 3 and subparag. 2(d) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Sex Protection Act”), and thus, constitutes a sex offense subject to registration, barring any special circumstance under Articles 47(1) and 49(1) of the Sexual Crimes Punishment Act, Article 49 and 50 of the Juvenile Sex Protection Act.

In this regard, the lower court found the Defendant guilty of the above sexual abuse, but omitted the judgment on the order to disclose and notify the personal information of the Defendant, and the order to disclose and notify the information is an incidental disposition simultaneously with the conviction, and where all or part of the order to disclose and notify the information is unlawful, all or part of the order should be reversed even without any error in the remaining part of the Defendant (see, e.g., Supreme Court Decision 2012Do5291, Jun. 28, 2012). Accordingly, the lower court’s judgment was no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 71(1) of the Act on the Place of Children’s Reinstatement of Criminal Proceeds and the Selection of Punishment