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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In light of the legal principles, Defendant 1 did not have to take place at the time of the commission of the instant crime and did not have the intent to commit rape. Thus, the establishment of the crime of indecent act by compulsion cannot be deemed to have been established, separate from the establishment of the crime of indecent act by compulsion. The lower court found Defendant guilty of attempted rape by misapprehending the legal principles on the criminal intent of the crime of rape. 2) In view of the fact that the Defendant’s criminal act of this case was committed against the Defendant, agreed with the victim, and the victim complained of the Defendant’s wife, the sentence of imprisonment (two years of imprisonment, etc.) imposed by the lower court against the Defendant is too unreasonable.
B. Prosecutor 1) Since there is a risk of repeating a crime against the Defendant, it is unreasonable for the lower court to exempt the Defendant from issuing an order to disclose and notify his/her personal registration information. 2) In view of the fact that the Defendant committed the instant crime during the period of suspension of execution, and that the instant crime was serious and is very poor in the number of crimes, the sentence of the lower court’s sentence against the Defendant is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the Defendant’s assertion of misunderstanding the legal principles, the Defendant could sufficiently recognize the fact that the Defendant attempted to rape and attempted to commit rape as stated in the judgment below, so the above argument by the Defendant is without merit
B. As to the prosecutor’s unfair assertion of exemption from disclosure and notification order, whether the case constitutes “any special circumstance that shall not disclose or notify personal information” as an exception to disclosure and notification order under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be determined as follows: the Defendant’s age, occupation, risk of recidivism, etc.; the type, motive, process, consequence, and consequence of the relevant crime.