Text
All the judgment below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
80 hours against the defendant.
Reasons
The main sentence of the grounds for appeal (the part of the case of the defendant) that the court below sentenced against the defendant and the person who requested an attachment order (hereinafter referred to as the "defendant") (one year and six months of imprisonment) shall be too unreasonable.
It is improper for the court below to order the defendant to attach an electronic tracking device for location tracking device (the part of the claim for attachment order).
Judgment
Before determining the grounds for appeal on the part of the case against the defendant, this paper examined ex officio.
The lower court found the Defendant guilty of all the facts charged in the instant case and sentenced the Defendant to a punishment of one and half years of imprisonment, and sentenced the Defendant to a punishment of 2-A in relation to Article 21(2) main text of the Act on the Protection of Juveniles from Sexual Abuse, and Article 16(2) main text of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, with regard to Article 21(2) and Article 2-2(b) of the same Act, ordered the Defendant to complete a program (the completion of a program for treating sexual assault for 80 hours) and attend a lecture (the completion of a program
In doing so, Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Act on the Protection of Children and Juveniles against Sexual Abuse”) provides that “When a court declares a conviction against a person who has committed a sex offense against a child, it shall concurrently impose an order to attend a lecture or order to complete a sexual assault treatment program (hereinafter “order to complete a program”) necessary for the prevention of recidivism
Provided, That the foregoing shall not apply where an order to attend a course or order to complete a program is not issued in extenuating circumstances.
An order to attend a course under paragraph (2) for a person who has committed a sex offense against a child shall be imposed concurrently within the period of suspension of execution of the sentence, and the order to complete a course shall be imposed concurrently when the sentence of a fine or heavier punishment is imposed.
Provided, That an order to complete a program shall be issued under Article 9-2 of the Act on the Protection and Observation of Specific Criminal Offenders, Electronic Monitoring, etc.