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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.
However, for a period of four years from the date this judgment becomes final and conclusive.
Reasons
1. It is unreasonable that the court below made the defendant disclose and notify the information about the defendant for five years.
2. Determination
A. We examine ex officio the period of disclosure and notification order ordered by the court below prior to the judgment on the grounds for ex officio appeal.
The main sentence of Article 37(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Exposure Act”) provides that “a court shall order a person, etc. who has committed a sexual crime subject to registration to disclose disclosed information through an information and communications network during the registration period by judgment, simultaneously with a judgment on a sexual crime subject to registration.” According to Article 35(1) of the Sexual Exposure Act, the term “registration period” under Article 37(1) of the Sexual Exposure Act is ten years.
Meanwhile, Article 37(2) of the Sexual Exposure Act provides that the period of disclosure of the above registered information shall not exceed the period under Article 7 of the Act on the Lapse of Punishment, etc. (hereinafter “the Act on the Lapse of Punishment”). Article 7(1) of the Act on the Lapse of Punishment, etc. shall be invalidated when the period under the following classification elapses from the date on which the execution of punishment is completed or exempted without being sentenced to suspension of qualifications or any heavier punishment. Article 7(1) of the Act on the Lapse of Punishment, etc. (hereinafter “the Lapse of Punishment”), and Article 37(2) provides that the punishment shall be invalidated when imprisonment or imprisonment without prison labor for more than three years, and for imprisonment with or without prison labor for not more than three years, five years
In addition, Article 41 (1) of the Sexual Exposure Act provides that information to be notified shall be notified to local residents of the Eup/Myeon/Dong in which a person subject to notification of information resides during the period of disclosure order under Article 37 of the Sexual Exposure Act, and the period of notification of the notification order
In full view of the above provisions, the registration period of the registered information to be disclosed and notified by the public disclosure and notification order is ten years, but the effective period of the punishment is expired.