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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that, for a period of four years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. Although there are special circumstances under which the Defendant and the person subject to a request for attachment order (hereinafter “Defendant”) should not disclose or notify the personal information to the unlawful Defendant, it is unreasonable for the lower court to order the Defendant to disclose or notify the personal information for five years. 2) The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment) is too unreasonable.
B. A prosecutor 1) The lower court’s dismissal of the Defendant’s request for an attachment order, even if the Defendant alleged on the attachment order, recognizes the risk of recidivism of sexual assault crimes, is unreasonable. 2) The Defendant’s sentence imposed by the lower court is too uneas
2. Determination
A. Determination on the Defendant’s unjust assertion of disclosure and notification order 1) The Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Act”)
The court shall order a person who has committed sexual assault against a child or juvenile or any other person subject to disclosure of any of the following subparagraphs to disclose disclosed information, such as the name, age, address, etc. specified in Article 38 (3) through an information and communications network during the registration period (hereinafter referred to as “order to disclose information”).
(2) Article 38-2(1) of the Act provides that a person who has committed a sex offense against a child or juvenile, and the court shall issue an order to notify a person subject to each subparagraph of information, such as a person who has committed a sex offense against a child or juvenile, to inform the local residents of the Eup/Myeon/Dong in which the person subject to disclosure of information about disclosure or transfer under paragraph (3) is resident during the period of the disclosure order (hereinafter
B must be sentenced simultaneously with the judgment of a sex offense case against a child or juvenile, and the proviso to each of the above Articles is an exception to cases where disclosure order or notification order should be issued.