성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
1. Summary of grounds for appeal;
A. Part A of the case of the Defendant is erroneous and the person against whom the attachment order was requested (hereinafter “Defendant”).
No. 1 and No. 2 of the facts charged of this case
B.No crime listed in paragraphs (k) through (k) has been committed, and No. 2 of the facts charged in this case
A. In the case of paragraph (1) and (l), the judgment of the court below which found the defendant guilty on each of the facts charged of this case, even though the defendant's loss was not put in the victim's sexual intercourse, is erroneous in the misconception of facts
B) In full view of the legal principles’ characteristics of an offender, characteristics of a crime, the fact that if the defendant’s information is disclosed, the suffering of the victim and the mother of the victim, who is the wife of the defendant, might be serious, and that there is doubt about the effectiveness of the information disclosure and notification order since the defendant was not given an opportunity to re-entry in the Republic of Korea when the defendant was forced to depart from the Republic of Korea after the completion of the sentence, it shall be deemed that there are special circumstances that need not disclose or notify the defendant’s personal information, but the court below ordered the defendant to disclose or notify the information, which affected the conclusion of the judgment by misapprehending the legal principles.
B. It is unreasonable for the court below to order the defendant to attach an electronic tracking device even though the defendant does not have the risk of recidivism or recidivism of sexual crimes in part of the attachment order case.
2. Determination on the part of the defendant's case
A. As to the Defendant’s assertion of mistake of facts, the Defendant did not have a mind since he prepared for the opening of convenience stores around September 22, 201, the date and time indicated in the foregoing paragraph, regarding paragraph (1) of the instant facts charged. The Defendant’s memory is the Defendant.