The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The sentence of the lower court (one year of imprisonment, 40 hours of order) is too unreasonable.

Article 45(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”) stipulates that any person who is sentenced to death penalty, life imprisonment with or without prison labor, imprisonment with or without prison labor for more than ten years, or imprisonment with or without prison labor for more than 30 years, any person who is sentenced to imprisonment with or without prison labor for more than 3 years but not more than 10 years, and any person who is sentenced to a fine with or without prison labor for more than 3 years, and any person who is sentenced to imprisonment with or without prison labor for not more than 3 years, and any person who is sentenced to a fine for not more than 15 years, and any person who is sentenced to imprisonment with or without prison labor for not more than 3 years, shall be punished by

In addition, Article 45 (2) of the Sexual Violence Punishment Act provides that where a sex crime which causes the registration of personal information and other crimes are concurrent in accordance with the former part of Article 37 of the Criminal Act and a sentence is pronounced pursuant to Article 38 of the Criminal Act, all of the sentence shall be deemed a sentence for a sex crime which causes the registration of personal information, and Article 45 (4) of the Criminal Act provides that where the court deems that the registration period is unreasonable due to the application of paragraph (2) and the registration period is determined pursuant to each subparagraph of paragraph (1), the longer short term period

The lower court found the Defendant guilty of all the charges of obstruction of performance of official duties, injury charges and sex crimes subject to registration, and sentenced the Defendant to imprisonment with prison labor on the ground that each of the crimes was concurrent crimes under the former part of Article 37 of the Criminal Act.

However, the court below further examines whether the period of registration of personal information against the defendant is unfair to be determined as the period specified in each subparagraph of Article 45(1) of the Sexual Violence Punishment Act, and then further examines the short-term period of registration.