Text
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for two years;
3. Sexual assault against the defendant for forty hours.
Reasons
1. Summary of grounds for appeal;
A. Prosecutor 1) In light of the background, nature, and gravity of the instant crime, the Defendant’s order not to disclose or notify personal information, cannot be deemed to have any special circumstances. Therefore, the lower court exempted the Defendant from the order not to disclose or notify personal information. 2) The lower court’s sentence of unfair sentencing (two years of imprisonment) is too unreasonable and unfair.
B. The lower court’s punishment is too unreasonable.
2. Determination on the prosecutor’s assertion on the part of disclosure order and notification order
A. The main text of Article 37(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter the same) provides that with respect to persons falling under any of the subparagraphs of Article 37(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, such as persons who committed sexual crimes subject to registration, the court shall order the disclosure of disclosed information through an information and communications network during the registration period (hereinafter referred to as “order to disclose information”) shall be sentenced simultaneously with the judgment of a sexual crime case. Article 41(1) main text of the same Act provides that the court shall order the persons subject to registration, among those subject to disclosure of information, such as those who committed sexual crimes subject to registration, to notify the public information or the disclosure information of transferred information to local residents, etc. residing in the Eup/Myeon/Dong where the person subject to notification is residing, the court shall order disclosure or notification of personal information should not be ordered.”
Here, "personal information is not disclosed" as a ground for exception to disclosure order or notification order.