beta
Text
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 (eight years of imprisonment) imposed by the lower court on the Defendant and the person to whom the attachment order was requested (hereinafter referred to as the “Defendant”) is too unreasonable.
B. A prosecutor 1) In light of the contents, etc. of the instant crime committed in violation of an order to disclose or notify the Defendant’s personal information, it is difficult to deem that there are special circumstances for not to disclose or notify the Defendant’s personal information. 2) The part of the case claiming an attachment order to a person who has sexual intercourse with a victim under the age of 19 by force on three occasions, who is a friendship parent, is sufficiently recognized in light of the content, frequency, etc. of the instant crime.
Therefore, the lower court’s determination dismissing the instant request for attachment order is unlawful.
2. Determination
A. Regarding the prosecutor's assertion that exemption from disclosure and notification order is unfair, the defendant is not only a sexual crime but also a person who has no criminal record, and considering the characteristics of the crime in this case, the relationship between the defendant and the victim, and the regional characteristics of the living base of the defendant and the victim, it is determined that the defendant's personal information disclosure and notification can be achieved by disclosing and notifying the defendant's personal information, and that there are more adverse effects and expected side effects on the defendant's entry than the effects on the prevention of sexual crimes that may be achieved by disclosing and notifying the defendant's personal information, and the protection of the victim from sexual crimes. Therefore, the court below's determination that there are special circumstances where disclosure and notification of the defendant's personal information should not be disclosed and notified is just, and there are no errors as argued by the prosecutor. 2) The crime in this case is because the defendant's child with which the defendant has a duty to protect and rear the defendant's sexual desire is repeatedly force for about one year and six months