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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of the grounds for appeal by the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant");
A. The lower court’s punishment of the Defendant case (limited to imprisonment for seven years, confiscation, disclosure and notification of information for ten years, and attachment and imposition of an electronic tracking device for six years) is too unreasonable.
B. The lower court’s issuance of an attachment order in the case where the attachment order was requested is unfair and unfair as the attachment period is too long.
2. Determination
A. Although the defendant of this case led to the confession and mistake of the crime of this case, the crime of this case is not likely to be committed by deceiving the victim who is aged under the Internet hosting, by threatening the victim's body pictures, and by using them, and by threatening the victim, and thus, the crime of this case is not proper to be committed. This is the victim's mental and physical shock; the defendant committed the crime of this case during the period of repeated crime; the defendant committed the crime of this case in full view of all other circumstances, including the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it is not deemed that the period of imprisonment with prison labor or personal information disclosure is too heavy or unreasonable. Thus, this part of the defendant's assertion is without merit.
B. In light of the evidence, the judgment of the court below that the defendant in the case requesting an attachment order had the risk of recidivism and the recidivism of sexual crime, which is a requirement for the attachment order, is recognized as legitimate.
In addition, according to the proviso of Article 9(1) and Article 9(1)2 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the period of attachment is set within a period of not less than three years but not more than 20 years in the event that a specific crime, the minimum sentence of statutory penalty for which exceeds three years, is committed. However, if a specific crime is committed against a person under the age of 19, the period of attachment is set.