Text
Defendant
In addition, all appeals filed by the respondent for attachment order shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant case (1) The sentence (five years of imprisonment) imposed by the lower court on the Defendant and the respondent for an attachment order (hereinafter “Defendant”) is too unreasonable.
(2) Although there are special circumstances under which disclosure or notification of personal information should not be disclosed or notified to the illegal defendant of the disclosure or notification order, it is improper for the court below to order the defendant to disclose or notify personal information.
B. It is unreasonable for the lower court to sentence an attachment order to the Defendant in the absence of the risk of recidivism or recidivism of sexual crimes, and it is excessive for the lower court to have the Defendant attach an electronic tracking device for a prolonged period of six years.
2. Determination
A. (1) As to the claim of unfair sentencing on the part of the defendant's case, the defendant's confession and reflects the crime of this case is favorable to the defendant.
However, in full view of all the sentencing conditions, including the Defendant’s age, character and conduct, family environment, background leading to the instant crime, circumstances after the instant crime, and sentencing guidelines for the enactment of the Supreme Court’s Sentencing Committee, the lower court’s punishment is appropriate and unreasonable, and it is too unreasonable, in so doing, considering the following factors: (a) the instant crime committed by indecent act against her children under seven years of age who lack the ability to defend himself; (b) the Defendant committed the instant crime during the repeated crime period; (c) the Defendant had been sentenced to imprisonment for a sexual crime by the Gwangju High Court on September 30, 199; and (d) the Defendant’s age, character and conduct, family environment; (d)
Therefore, the defendant's assertion of unfair sentencing is without merit.
(2) As to the unlawful assertion of disclosure or notification order, the instant crime constitutes a sexual crime against a child or juvenile subject to disclosure or notification order. The Act on the Protection of Children and Juveniles against Sexual Abuse, in principle, requires the disclosure of personal information of a sex offender subject to disclosure or notification, on an exceptional basis.