All the judgment below is reversed.

A defendant shall be punished by imprisonment for three years.

, however, for five years from the date this judgment becomes final and conclusive.

1. In light of the circumstances surrounding the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), the sentence imposed by the lower court (four years of imprisonment) is too unreasonable.

2. Determination

A. Article 38-2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 10260) was newly established to determine the ex officio of the accused case, and the notification order was introduced to the sex offense against children and juveniles. The notification order under Articles 1 and 4 of the Addenda of the above Act was first applied to the person subject to notification who was sentenced to notification for committing a sex offense against children and juveniles after January 1, 201, which became the enforcement date of the notification order. Thus, the court below ordered the defendant to notify the facts constituting the crime under paragraph (1) of the judgment of the court below that the date of the crime was around July 2008, which affected the conclusion of the judgment.

Therefore, among the part of the defendant's case of the judgment below, the part of the order of notification cannot be reversed, and the order of notification is an incidental disposition which the court declares simultaneously with the judgment of the sexual crime case, and where the whole or part of it is unlawful, it shall be reversed in whole without any error in the

(See Supreme Court Decision 2010Do17564, 2010Do172 Decided March 10, 2011, etc. (see, e.g., Supreme Court Decision 2010Do1720, Mar.

As long as the defendant filed an appeal against a prosecuted case, it is deemed that the case of attachment order against the defendant has also been appealed pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. Therefore, the case of attachment order against the defendant shall be examined ex officio.

The term "risk of recommitting a sexual crime" under Article 5 (1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders is not enough to repeat the crime, and the defendant commits a sexual crime again in the future.