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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment of the lower court (five years of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).
B. Prosecutor 1) The lower court’s sentence in the part of the Defendant case is so unfasible that it is unfair, and is also unreasonable to take measures of the lower court that did not issue an order or notification of the Defendant’s personal information to disclose or notify the Defendant’s personal information. 2) The part of the case claiming an attachment order where the Defendant committed a sexual crime on at least two occasions under Article 5(1)3 of the Act on the Probation and Attachment, etc. of Specific Criminal Offenders, “when the Defendant committed a sexual crime against a person under the age of 19” under Article 5(1)4 of the same Act, “when he committed a sexual crime against a person under the age of 19”, and “when he committed a sexual crime against a person under the physical or mental disability” under Article 5(1)5 of the same Act, it may be recognized that the Defendant
Nevertheless, the lower court dismissed the Defendant’s request for the attachment order of this case on the grounds that it is difficult to readily conclude that the risk of recidivism of a sexual crime exists. In so doing, the lower court erred by misapprehending the legal doctrine on the risk of recidivism of a sexual crime.
2. Determination
A. We examine ex officio the Defendant and the prosecutor’s assertion of unfair sentencing on each of the Defendant and the prosecutor’s assertion of unfair sentencing prior to the determination of unfair sentencing.
Of the facts charged in the instant case, the charge of sexual intercourse in April 2013 and 2013 falls under Article 6(7) and (5) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. Article 6(7) of the said Act provides that where the head or employee of a facility for the purpose of protecting, educating, etc. persons with disabilities commits a crime under paragraphs (1) through (6) with regard to persons with disabilities, the head or employee of the facility for the purpose of protecting, educating, etc. persons with disabilities