Text
The judgment below
The guilty part of the defendant's case is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
(b) the defendant;
Reasons
1. The lower court dismissed the prosecution as to intimidation against the victim B (a person under 11 years of age), among the facts charged in the instant case, and sentenced the Defendant to a conviction on the remainder of the charges.
In regard to this, only the defendant and the person subject to the request for attachment order (hereinafter “defendants”) appealed from the judgment of the court below to the effect that the defendant’s grounds for appeal are heavier than the guilty part of the defendant’s case. Furthermore, since the defendant’s appeal for the defendant is based on the purport that the defendant’s appeal for the defendant is a claim for a trial favorable to him by correcting a disadvantageous judgment, the defendant cannot have a right to appeal unless the judgment is disadvantageous to him/her, and if a judgment dismissing a public prosecution is rendered, the defendant is not subject to prosecution after having returned to the state where the public prosecution was not instituted, and the judgment cannot be deemed disadvantageous to the defendant (see, e.g., Supreme Court Decision 85Do1675, Nov. 8, 198). In light of the fact that the judgment below’
Therefore, the scope of adjudication on the accused case by this court shall be limited to the guilty part of the judgment below.
2. Summary of grounds for appeal;
A. The lower court’s punishment (three years and six months of imprisonment) is too unreasonable.
It is improper to order the disclosure and notification of personal information to the defendant.
B. The lower court erred by ordering the Defendant to attach a location tracking electronic device, in the absence of the risk of sexual assault and recidivism.
3. Determination of the accused case
A. Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) provides for “a sexual crime under Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or the Act on the Protection of Children and Juveniles against Sexual Abuse.”