All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (three years of imprisonment) is excessively unreasonable.

B. Prosecutor 1) M&D Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”)

Article 2(1)4 of the Criminal Act provides only the crime of robbery and rape under Article 339 of the Criminal Act as a sexual crime. However, the interpretation of the penal provision does not exclude a teleological interpretation in interpreting the penal provision, and there is no reason to exclude the crime of attempted robbery from a sexual crime under the Sexual Violence Punishment Act in light of the purpose of introducing the personal information of prior prevention of a sexual crime, the disclosure and notification system, etc., and the Sexual Violence Punishment Act provides the crime of indecent act by force and the crime of rape under the Criminal Act as a sexual crime, it is reasonable to interpret that the crime of attempted robbery is also included in a sexual crime. Nevertheless, since the crime of attempted robbery under the Sexual Violence Punishment Act is not defined as a sexual crime, this crime is not subject to the registration of personal information under the Sexual Violence Punishment Act, the disclosure and notification order, and the order to complete a program. 2) The lower court’s judgment, which did not impose an unfair sentencing sentence on the defendant, is excessively unreasonable.

2. Determination

A. Article 2(1) of the Sexual Violence Punishment Act provides for Article 339 of the Criminal Act, which constitutes robbery and rape, as stated in subparagraph 4, does not explicitly stipulate Article 342 of the Criminal Act, which is applicable mutatis mutandis to the crime of robbery and attempted rape, by defining a crime falling under a sexual crime subject to the registration, disclosure, or notification of personal information.

The purpose of introducing the system of registration, disclosure and notification of personal information in the Sexual Violence Punishment Act, and the crime of attempted rape, which is part of the act constituting the crime of attempted rape, is the situation including the definition of sexual crime.