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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unfilled and unreasonable.
2. The judgment of the court below ex officio prior to the judgment on the grounds of appeal for ex officio determination is based on the following reasons for ex officio reversal.
First of all, the crime of paragraph (1) of the crime in the judgment of the court below is a crime under Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which constitutes a sex crime subject to registration under Article 42 (1) of the same Act, and is subject to an order to disclose and notify personal information under Articles 47 and 49
Nevertheless, the lower court found the Defendant guilty of the foregoing crime and omitted the judgment on the order to disclose and notify personal information to the Defendant. Since the disclosure notification order is an incidental disposition that is issued simultaneously with the conviction, so long as the appeal is filed against the Defendant, the disclosure notification order is included in the scope of the appellate court’s judgment, and if all or part of the order is illegal, the part of the order should be reversed in its entirety, even if there is no illegality in the remaining part of the Defendant case (see Supreme Court Decision 2012Do5291, 2012, Jun. 28, 2012).
B. In addition, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes provides that "where a court pronounces a conviction (excluding postponement of a sentence) against a person who has committed a sexual crime, the court shall concurrently order such person to attend a lecture or to complete a sexual assault treatment program within the extent of 500 hours, barring any special circumstances: Provided, That the foregoing shall not apply where any special circumstance exists where an order to attend a lecture or to complete a program is unable to be imposed." The court below ordered the defendant guilty of the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amera