The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

The information on the accused is disclosed for a period of five years.

1. Summary of grounds for appeal;

A. The sentencing of the lower court is too inappropriate for the sentencing of the Defendant and the person who requested the attachment order (hereinafter “Defendant”) (hereinafter “Defendant”).

B. It is unreasonable for the lower court to order the disclosure and notification of the Defendant’s information for a period of five years, even though there are special circumstances for not disclosing unfair personal information of disclosure and notification orders.

(c)

It is unfair that the court below ordered the defendant to attach an electronic tracking device for a period of 10 years, although there is no risk of recidivism and recidivism of sexual crime against the defendant in violation of an attachment order.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 6, 2018; hereinafter referred to as “sex offense”) provides that a person, who was sentenced to a punishment or a medical care and custody for committing a sex offense against a child or a sex offense against an adult (hereinafter referred to as “sex offense”) shall not operate a facility, institution, or place of business under each of the following subparagraphs (hereinafter referred to as “child-related institution, etc.”) or shall not provide a child-related institution, etc. with employment or actual labor, and uniformly sets the period during which it is impossible to provide its operation, employment, or actual labor (hereinafter referred to as “restricted period”).

However, Article 56 of the Act on the Protection of Children and Juveniles from Sexual Abuse, which was amended by Act No. 15352, and enforced July 17, 2018, provides that where a court declares a punishment or a treatment and custody for sex offenses, it shall, by judgment, declare an order to operate a juvenile-related institution, etc. for the period of restriction on employment or not to provide employment or actual labor to a child-related institution, etc. (hereinafter “restricted order on employment”) at the same time as a judgment on a sex offense case: Provided, That where the risk of recidivism is remarkably low, or other employment is employed.