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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
The punishment (one year of imprisonment) sentenced by the court below to the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") on the summary of the grounds for appeal is too unreasonable.
It is unfair that the court below ordered the disclosure and notification of the personal information of the defendant for three years.
The court below's order to attach an electronic tracking device to the defendant for a period of three years is improper.
Judgment
It is favorable to the defendant that the defendant's judgment on the defendant's wrongful assertion of the sentencing of the case is against his mistake while recognizing the crime of this case, and that the defendant's failure to focus on the exercise of force against the victim and the degree of conduct for the victim.
On the other hand, the crime of this case is committed by the defendant who committed an indecent act against the victim in a public place with an electronic tracking device attached to his location due to a sexual crime in the past, with heavy liability for such crime, the victim seems to have suffered considerable sexual humiliation and mental suffering, the victim wanting to punish the defendant, and the defendant again committed the crime of this case during the repeated crime period of two weeks after the execution of the last sentence was completed, even though he had the record of having been sentenced two times of imprisonment with prison labor and one fine due to a sexual crime.
In the event that there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of the following circumstances, including the Defendant’s age, sex, sex, environment, family relationship, motive, circumstance, means and consequence of the crime, and the scope of recommended sentencing according to the sentencing guidelines established by the Supreme Court sentencing committee.