Text
The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Part 1 of the case of the defendant and the illegal defendant and the person requesting an attachment order (hereinafter referred to as the "defendant") who were exempted from disclosure disclosure and notification order
It is unreasonable that the Defendant’s personal information is not disclosed or notified to the public, even though it seems highly likely to repeat the crime. 2) The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.
B. It is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order of an electronic tracking device despite the risk of recommitting a sexual crime.
2. Determination
A. On the part of the defendant's case, the court below held that there are special circumstances that need not disclose or notify the defendant's personal information, taking into account the defendant's age, occupation, family environment, social relationship, risk of recidivism, benefits and preventive effects expected by the disclosure order or notification order of this case, disadvantage and side effects, etc., which are acknowledged by the records, and that the court below's aforementioned decision is just and acceptable, since the prosecutor's aforementioned decision of the court below is not justified. 2) The crime of this case in which the defendant committed the crime of this case in which the defendant committed an indecent act by force on two occasions of the crime of this case, the victim appears to have a sense of considerable sexual humiliation at the time of the crime of this case, and the victim wishes to punish the defendant.
On the other hand, the defendant led to the confession of the crime of this case and reflects the depth thereof, the degree of exercise of indecent act and tangible force inflicted on the victim is relatively minor, the defendant has no criminal record of suspended execution or more than twice of fine, and the defendant has been sentenced to the judgment of the court below.