In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

가. 피고인 겸 피부착명령청구자(이하 ‘피고인’이라 한다) 1) 사실오인[피고사건, 아동ㆍ청소년의성보호에관한법률위반(강제추행)의 점] 피고인은 같은 방에서 잠을 자던 피해자가 끙끙 앓는 소리를 내어 피해자를 일으키기 위해 피해자의 가슴 부위를 2회 정도 쳤을 뿐이고, 피해자를 추행한 사실이 없다. 그럼에도 불구하고 이 부분 공소사실을 유죄로 인정한 원심판결에는 사실을 오인하여 판결에 영향을 미친 위법이 있다. 2) 양형부당 원심이 선고한 형(징역 6년)은 너무 무거워서 부당하다.

B. In full view of the fact that the Defendant repeatedly committed a crime against the victim over five years, and the risk of recidivism in the investigation before the Defendant’s claim against the victim was evaluated as an “halfway”, the Defendant is likely to recommit a sex offense.

Nevertheless, the judgment of the court below which rejected the defendant's request for the attachment order shall be exempted from the disclosure and notification order of personal information, and there is an error of law that affected the conclusion of the judgment.

2. Determination

A. The lower court’s judgment on the grounds of appeal by the Defendant (A) is that ① the victim made a statement to the effect that it conforms to the facts charged in this part in the investigation agency, ② there is no circumstance to suspect false statements, ② the victim was in the same room as the victim at the time of the instant case, and the statement by the Defendant was made by the victim that he was involved in the same room as the victim at the time of the instant case also corresponds to the victim’s statement, ③ the victim was aware of the fact of damage to the mother immediately after the instant case, the victim’s mother and her mother were resisted against the Defendant, and the Defendant met the victim’s mother, her mother and her victim after approximately every week.