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The judgment of the first instance shall be reversed.
The sentence of sentence against the defendant shall be suspended.
Seized evidence No. 1 shall be confiscated.
Reasons
1. The summary of the grounds of appeal is unreasonable in light of the following: (a) the Defendant did not have the same criminal records or criminal records beyond the fine; (b) the Defendant has a depth of his/her mistake; (c) the Defendant has a sexual desire or sense of shameed; and (d) the Defendant’s age, character and behavior, family character, circumstances before and after the commission of the crime; and (d) other various sentencing conditions indicated in the argument of the instant case, including the Defendant’s age, character and behavior; and (e) the risk of recidivism.
3. As a result, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.
The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 13(1)1 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); 1. Article 70 and Article 69(2)(1) of the Criminal Act (amended by Act No. 11556, Dec. 18, 201) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); 1. Article 59(1) of the same Act of the Suspension of Sentence (see, e.g., Article 48(1)1 of the Criminal Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes) provides that a person whose judgment of conviction has become final and conclusive due to a sex offense subject to registration as indicated in the judgment shall be subject to personal information.
However, the court has suspended the sentence against the defendant, while the defendant is subject to the suspension of sentence in this case pursuant to Article 61 (1) of the Criminal Act, and personal information shall be personal information on the related agency pursuant to Articles 42 (1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.