Defendant

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

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant and the person who requested the attachment order (hereinafter “Defendant”) (four years of imprisonment and forty hours of completion of sexual assault treatment programs) is too unreasonable.

B. Prosecutor 1) The above-mentioned sentence that the court below's improper sentencing was committed against the defendant is too uneasible and unfair.

2) Since the exemption from disclosure or notification order is likely to pose a high risk of repeating a crime, it is unreasonable for the lower court to exempt the Defendant from disclosure or notification order of personal information.

3) The lower court’s dismissal of the Defendant’s request for the attachment order of this case, despite the risk of recommitting a sexual crime, is unreasonable.

2. Determination

A. Part 1 of the case of Defendant 1) We examine both the Defendant and the Prosecutor’s respective arguments regarding the wrongful determination of sentencing.

If there is no change in the conditions of sentencing compared to the first instance trial, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court considered the fact that the Defendant, who is the criminal of Taekwondo painting, committed several indecent acts on a person who is a criminal of his/her seal and committed an offense, was committed seriously.

On the other hand, the defendant recognized the crime of this case as committing the crime of this case and sentenced a fine of 700,000 won due to larceny, considering the favorable circumstances that there was no particular criminal offense, and determined the above punishment.

Unlike the circumstances taken into account by the court below, there is no special change in circumstances that this court newly takes into account. Examining various circumstances, other than the aforementioned circumstances, including the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence, circumstances after the crime, family relations, etc., the sentencing of the court below shall be within the reasonable scope of discretion.