1. All appeals filed by the Defendant and the respondent for the attachment order are dismissed.

2. The judgment of the court below is delivered to the defendant.

Summary of Grounds for Appeal

The crime of quasi-indecent act by force, and obscenity among the crimes in the instant case involving mental and physical disorder is a crime committed under the state that the Defendant and the respondent for an attachment order (hereinafter only referred to as the “defendant”) suffered from alcohol dependence and non-quality mental illness, thereby having no or weak ability to discern things or make decisions.

The punishment sentenced by the court below on unreasonable sentencing (two years of imprisonment, one million won of fine, and ten years of restriction on employment) is too unreasonable.

It is unfair that the court below ordered the disclosure and notification of personal information for five years even though there are special circumstances that the defendant would not disclose or notify the personal information to the improper defendant of an order to disclose the personal information.

Although it is difficult to see that a defendant for whom a request to attach an attachment order is filed is likely to recommit a sexual crime, the court below's order to attach an electronic tracking device for 10 years is unreasonable.

Judgment

As to the assertion of mental disorder as stipulated in Article 10 of the Criminal Act, the mental disorder as stipulated under the provision of Article 10 of the Criminal Act is a biological element and needs to be judged by the court independently by taking into account various circumstances such as the type and degree of mental disorder, motive, circumstance, means and mode of the crime, the behavior of the defendant before and after the crime, the degree of reflectability, etc., even though a person with mental disorder is a person with a normal mental disorder, if he/she had the ability to discern things or control behavior at the time of the crime (see Supreme Court Decision 2006Do7900, Feb. 8, 2007). The existence and degree of mental disorder shall not necessarily be bound by the opinion of a professional appraiser as a legal judgment, and the court may independently make a decision by taking into account all the circumstances such as the type and degree of mental disorder, motive, method and mode of the crime, the behavior of the defendant

Supreme Court Decision 2007Do833, 2007Do22 Decided November 29, 2007