Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

1. Summary of grounds for appeal;

A. Part 1 of the case of Defendant 1) The sentencing of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2) Although there are special circumstances under which the disclosure of personal information by a criminal defendant and a person subject to an order to attach an electronic device (hereinafter “ criminal defendant”) should not be disclosed, it is unreasonable for the court below to order the disclosure of personal information by the criminal defendant for a period of five years.

(b) On the part of a case for which an order to attach an electronic device is requested, a defendant has the habit of a sexual crime or a defendant is likely to recommit

Although it is difficult to see it, it is unfair for the court below to order the defendant to attach the tracking device for five years.

2. Determination on the part of the case of the defendant

A. In a case where there is no change in the conditions of sentencing compared to the first instance court as to the reasons for an unfair appeal for sentencing, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). According to the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the lower court’s given that no new data on sentencing have been submitted in the trial and the lower court did not change in the conditions of sentencing, and in full view of all the reasons for sentencing as stated by the lower court, it is not recognized that the lower court’s sentencing was too excessive, thereby exceeding the reasonable scope

This part of the grounds for appeal cannot be accepted.

B. As to the grounds for appeal of unfair disclosure disclosure order, the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse shall, in principle, disclose and notify the personal information of a person who has committed sexual assault to defend our society from sexual assault crimes, there are special circumstances that do not constitute an exception.

only if it is determined, it shall be exempted.

The age and occupation of the accused, and the degree of risk of recidivism.