Defendant

In addition, all appeals filed by a person subject to attachment order, a person subject to probation order and a prosecutor shall be dismissed.

1. The court below sentenced the defendant and the person to whom the attachment order was requested or the person to whom the probation order was requested (hereinafter “the defendant”), to imprisonment with prison labor, dismissed the prosecutor’s request for the attachment order, and accepted the request for the probation order.

With regard to this, the defendant filed an appeal against the accused case and the prosecutor against the case of the defendant case and the case of the attachment order.

On the other hand, as long as the defendant filed an appeal against the accused case, it is deemed that the defendant filed an appeal against the request for probation order under Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”). Thus, the request for probation order is also included in the subject of the judgment of this court.

2. Summary of grounds for appeal;

A. Prosecutor 1) It is unreasonable for the lower court to exempt the Defendant from the disclosure order and notification order, although it cannot be deemed that there are special circumstances to prevent disclosure or notification of the personal information of the Defendant that was improper to exempt the Defendant from disclosure or notification order.

B) In light of the gravity of the instant crime, etc. of unreasonable sentencing, the lower court’s punishment (nine years of imprisonment, etc.) is too uneasible and unfair. 2) The lower court’s dismissal of the Defendant’s request for an attachment order of an electronic tracking device against the Defendant even though the Defendant was highly likely to recommit a sexual crime.

B. The lower court’s punishment is too unreasonable.

3. Determination

A. The lower court determined that the Defendant’s order to disclose and notify the personal information of the Defendant’s case No. 1 before the instant case had no record of punishment for sexual crimes, the Defendant’s sentence of imprisonment to the Defendant, the registration of personal information, the restriction on employment and the probation order, thereby having the effect of preventing recidivism, and the Defendant.