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1. The part of the judgment below regarding the defendant's case shall be reversed.
2. The defendant shall be punished by imprisonment with prison labor for eight months;
3. The defendant.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 15 million (a fine of KRW 15 million) is too unhued and unreasonable.
2. Determination
A. Article 49(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Protection Act”) provides that the disclosure period of registered information under Article 49(1) of the Act shall not exceed the period under Article 7 of the Act on the Lapse of Punishment, Etc. (hereinafter “Punishment”), and Article 7(1) of the Act on the Lapse of Punishment, etc. provides that “when a convict completes or is exempted from the execution of a sentence without being sentenced to suspension of qualification or heavier punishment, the sentence shall be invalidated at the expiration of any of the following periods from the date on which the sentence is completely executed or exempted, the sentence shall be invalidated,” while Article 49(2) of the Act on the Lapse of Child and Juveniles against Sexual Abuse (hereinafter “Juvenile Protection Act”) provides that imprisonment and imprisonment without prison labor for more than three years shall be more than 10 years (title 1), five years for imprisonment without prison labor and imprisonment without prison labor for not more than three years, and two
The court below ordered the disclosure of information about the defendant for three years, even though the period of disclosure of registered information cannot exceed two years pursuant to Article 49(2) of the Juvenile Sex Protection Act, since the court below imposed a fine of KRW 15 million on the criminal facts in the judgment of the defendant and the person subject to the request for an attachment order (hereinafter "defendant"), and thus, it cannot be maintained as it is because the court below erred by misapprehending the legal principles on the period of disclosure order.
Therefore, among the part of the defendant's case of the judgment below, the part of the disclosure order cannot be reversed, and the disclosure order is an incidental disposition that the court declares simultaneously with the judgment of a sex offense against a child or juvenile, and where the whole or part of the disclosure order is unlawful, the part of the remaining defendant's case shall be reversed
[See Supreme Court Decision 2010Do17564, 2010 Jeondo172 (Joint) Decided March 10, 2011] B.
A prosecutor with respect to a request for attachment order.