A defendant shall be punished by imprisonment with prison labor for twelve years.

A. Of the judgment of the court below of first instance, the part of the judgment of the court below and the part of the judgment of the court below 2) Defendant and the requester for attachment order (hereinafter “Defendant”) were in a mental and physical state under the influence of alcohol at the time of the larceny crime in the judgment of the court of second instance.

2) Although there are special circumstances under which disclosure of personal information of the accused is not to be notified to the public, it is unreasonable to order the first instance court to disclose the personal information of the accused for a period of ten years.

3) The punishment (the first instance court: imprisonment with prison labor for 12 years and the second instance court: imprisonment with prison labor for 6 months) that the lower court sentenced to the Defendant is too unreasonable.

B. Of the judgment of the court below of the first instance, that part of the case where the attachment order is applied has a habit of sexual crime against the defendant

Although it is difficult to see that the defendant does not pose a significant risk of recommitting a sexual crime, it is unreasonable to order the first instance court to attach an electronic tracking device to the defendant for a period of ten years.

Judgment

A. According to the evidence duly admitted and examined by the second instance court as to the part of the judgment of the court below of first instance and the part of the judgment of the court below of second instance as to the assertion of mental and physical weakness, the fact that the defendant had drinking alcohol at the time of the larceny crime is recognized.

However, in light of various circumstances revealed in the record, such as the circumstances leading to the above crime, the method and contents of the crime, and the defendant's act before and after the crime, the defendant was in a state that the defendant had weak ability to discern things or make decisions at the time of the crime.

subsection (b) of this section.

The defendant's mental and physical weak argument is without merit.

2) As to the unlawful assertion of disclosure notification order, the Defendant’s age and occupation, degree of risk of recidivism, content of the crime of sexual assault in this case, motive and process of the crime, consequences and seriousness of the crime, degree of disadvantage that the Defendant would suffer due to disclosure notification order, and anticipated side effects and expected side effects of the disclosure notification order.