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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the part of the Defendant case, it is unreasonable to punish the Defendant by misapprehending the legal principle the instant case where the Defendant committed an indecent act against the victim at a soup place, which is a public gathering place, as a crime of violation of the Act on the Punishment of Sexual Crimes (an indecent act at a public gathering place), rather than a crime of violation of the Act on the Punishment of Sexual Crimes (an indecent act at a public gathering place), on the ground that the victim is under the age of 13.2) A mentally and physically handicapped Defendant was
3) The sentence sentenced by the lower court on unreasonable sentencing (a three-year imprisonment, 120 hours of order to receive sexual assault treatment programs, and 3 years of information disclosure and notification) is too unreasonable.
B. The judgment of the court below is unreasonable to order the defendant to attach an electronic tracking device for six years and to impose the compliance with the order, although the defendant does not pose a risk of recommitting a sexual crime with regard to the part of the request for attachment order.
2. Determination
A. Determination 1 on the assertion of legal principles as to the assertion of the case of the instant case concerning the assertion of legal principles is an indecent act committed by the Defendant against a minor victim under 11 years of age at the soup place, who is a place where public secrecy is located, and not only constitutes an indecent act at a public place under Article 11 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) but also meets the elements of the crime under Article 7(4) of the same Act, and the crime under violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at a public place) is established. Therefore, the instant crime does not constitute an indecent act at a public place.