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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant and the person subject to a request for attachment order (hereinafter “Defendant”) had a weak ability to discern things or make decisions under the influence of alcohol.
B) 8 years of imprisonment with labor imposed by the lower court, including unreasonable sentencing, and 10 years of personal information disclosure and notification orders are excessively harsh to the Defendant. 2) The part of the lower court’s request for attachment order for the 10-year location tracking device attachment order issued by the Defendant is too harsh to the Defendant.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the Defendant’s claim of mental disability, the fact that the Defendant was in a drunken state at the time of the instant crime is acknowledged. However, in full view of various circumstances such as the background, means, and method of the instant crime, Defendant’s attitude before and after the instant crime, etc., which may be known by each of the aforementioned evidence, the Defendant does not seem to have had the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime. Accordingly, this part of the Defendant’s assertion on the disclosure and notification order cannot be accepted. Accordingly, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse provide that the Defendant’s disclosure and notification of personal information of a person meeting certain requirements among those who committed sexual crimes, etc. to defend our society from sexual crimes should be exempted only in exceptional circumstances where it cannot be determined exceptional.
The court below duly adopted.