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The judgment below
The part of the judgment of the defendant case No. 1 is reversed.
A person shall be punished by imprisonment with prison labor for the first offense against the defendant.
Reasons
1. The lower court found the Defendant guilty of the facts charged, while dismissing the prosecutor’s request for an attachment order on the ground that it is difficult to readily conclude that the Defendant and the requester for an attachment order (hereinafter “defendant”) have a risk of recommitting a sexual crime.
As to the judgment of the court below on the ground of unreasonable sentencing, the part on the claim for attachment order among the judgment below does not have a benefit of appeal.
Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders is excluded from the scope of trial of this court, and thus, the scope of trial of this court is limited to the part of the accused case except for the part of the claim for attachment order among the judgment below.
2. The decision of the court below on the gist of the grounds of appeal (the punishment No. 2 and No. 3 as stated in the decision: imprisonment with prison labor for 6 years, etc.): Imprisonment with prison labor for 1 year and 6 months) is too unreasonable.
3. Determination
A. We examine ex officio the first crime in the judgment of the court below.
1) The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 10258, Apr. 15, 2010) relating to the disclosure and notification order of sexual assault crimes against children and juveniles
E. The Act on Special Cases Concerning Sexual Crimes (hereinafter “Special Cases Concerning Sexual Crimes”)
(1) The Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 9765, Jun. 9, 2009) limits the scope of application of personal information to “a person who commits a sexual crime subject to sexual intercourse,” excluding “a person who commits a sexual crime subject to sexual intercourse,” subject to an order to disclose or notify personal information.
Ga. The Child Protection Act (Act No. 9765) is amended
(1) The Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 10260, Apr. 15, 2010)
(b) Act No. 10260.