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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six years.
Reasons
1. The gist of the grounds of appeal is only a criminal record of the crime of larceny or robbery, and it is difficult to view that the defendant has a habit of sexual crime since he/she had no criminal record related to the crime of larceny or robbery, and considering the depth of the defendant and age of the defendant, it is unreasonable to impose an order of disclosure and notification for 10
2. Determination
A. Ex officio judgment (Changes in Indictment) The prosecutor applied for permission to change the facts charged to the following facts charged for the trial, and the party members permitted the change in the contents of the indictment, and thus, the judgment of the court below cannot be exempted from reversal.
Nevertheless, the defendant's improper assertion of disclosure order and notification order is still subject to the judgment of this court, and this is examined below.
B. The main sentence of Article 37(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act”) provides that the court shall sentence persons falling under any of the following subparagraphs (excluding persons subject to disclosure under Article 38 of the Act on the Protection of Children and Juveniles against Sexual Abuse; hereinafter “persons subject to disclosure”) to disclose disclosed information, such as names, ages, addresses, etc., under Article 37(3) through an information and communications network during the registration period (hereinafter “disclosure order”) simultaneously with the judgment of the sexual crime case. Article 41(1) main sentence of the Act provides that the court shall order the persons subject to disclosure of disclosure information, such as those who committed sexual crimes subject to disclosure information, to notify the persons subject to disclosure of the disclosed information, such as disclosure information, during the disclosure period, to notify the residents of the Eup/Myeon/Dong where the persons subject to disclosure reside of the disclosed information such as disclosure information (hereinafter “order”), and the proviso to each of the above provisions shall be sentenced simultaneously with the judgment of the sexual