The judgment below

The part of the case of the defendant is reversed.

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

except that this judgment.

1. The summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) declared by the court below is too unhued and unreasonable.

2. The lower court, ex officio, ordered the Defendant and the person to whom the attachment order was requested (hereinafter referred to as the “Defendant”), to suspend the execution of the sentence for a period of two years, and to disclose and notify the Defendant’s information for three years.

Article 49(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that the disclosure period of registered information shall be calculated from the time a judgment becomes final and conclusive, and the disclosure period of registered information shall not exceed the period under Article 7 of the Act on the Lapse of Punishment, etc. of Sexual Crimes, and Article 50(1) of the same Act provides that the disclosure order shall be notified during the period of disclosure order.

However, Article 65 of the Criminal Act on the effect of suspended sentence provides that "the sentence shall lose its effect" means that the legal effect of the sentence upon the sentence shall be extinguished in the future, such as the invalidation of the sentence by law on the invalidation of the sentence (see Supreme Court Decision 2010Do8021, Sept. 9, 2010). Thus, if a person who was sentenced to suspended sentence loses its effect after the lapse of the grace period specified without the invalidation or revocation of the sentence, the person who was sentenced to suspended sentence cannot give public notice of disclosure, and ultimately, the period of the public notice of disclosure order shall be limited to the period of the suspended sentence.

Nevertheless, the court below ordered the disclosure of the information about the defendant for three years. In so doing, the court below erred by misapprehending the legal principles on the period of disclosure order and notification order, which affected the conclusion of the judgment.

Furthermore, the disclosure order and notification order are the incidental disposition that is sentenced simultaneously with the judgment of the sexual crime case in question, and such disclosure order and notification order are illegal in whole or in part.