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Defendant
In addition, all appeals filed by the respondent for attachment order shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. Part 1 of the case of the defendant is the defendant and the respondent for an attachment order (hereinafter referred to as the "defendant").
(2) The lower court’s judgment that found the Defendant guilty of this part of the facts charged is erroneous in that it affected the conclusion of the judgment due to erroneous determination of facts. (2) The lower court’s punishment (one year and six months of imprisonment) is so unreasonable that it is so unfair that the lower court’s punishment (one year and six months of imprisonment) is too unreasonable and that it orders the Defendant to disclose and notify information for five years.
B. Since the part of the Defendant’s request for attachment order does not have high risk of recidivism, the lower court’s attachment order against the Defendant is unreasonable.
2. Determination on the part of the defendant's case
A. 1) In light of the content of the judgment of the court of first instance and the evidence duly examined in the court of first instance, if there are extenuating circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the court of first instance was clearly erroneous, or if there are exceptional circumstances to deem that maintaining the first instance judgment on the credibility of the statement made by a witness of the court of first instance is considerably unfair considering the result of the first instance examination and the result of additional evidence examination conducted until the closing of arguments in the appellate trial, the appellate court shall not reverse the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by a witness of the court of first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 2007Do2020, May 11, 2007; 2009Do1409, Feb. 25, 2010).