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The defendant's appeal is dismissed.
Reasons
1. As to the part of the Defendant case, the lower court rendered a judgment dismissing the prosecutor’s request regarding the part regarding which the request for attachment order was sought, and only the Defendant appealed.
Therefore, there is no benefit in appeal as to the part of the case of the attachment order against the defendant.
I would like to say.
Therefore, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, the legal fiction of appeal, is not applicable (see Supreme Court Decisions 82Do2476, Dec. 14, 1982; 201Do6705, Aug. 25, 2011; 201Do200, Aug. 25, 201). Accordingly, the part regarding the claim for attachment order against the Defendant is not examined. Accordingly, the part regarding the claim for attachment order against the Defendant is excluded from the scope of this court’s trial.
2. Summary of grounds for appeal;
A. It is unfair that the court below ordered the disclosure or notification of the personal information of the defendant.
B. The sentence imposed by the lower court on the Defendant (two years and six months of imprisonment) is too unreasonable.
3. Determination
A. As to the wrongful assertion of personal information disclosure and notification order, the crime in the judgment of the court below constitutes a sexual crime subject to the registration of personal information under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. The above Act and the Act on the Protection of Children and Juveniles against Sexual Abuse shall allow the disclosure and notification of personal information of a person who committed a sex offense subject to the registration, and shall be exempted only when it is judged that there is "special
The legislative intent and the evidence duly adopted and examined by the court below, and the type, motive, process, result, and seriousness of the crime of this case, and the degree of disadvantage and anticipated side effects that the defendant will suffer due to the disclosure order, which can be recognized by the court below.