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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. It is unreasonable for the court below to order the disclosure and notification of the disclosure and notification to the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") for two years.
B. It is unreasonable for the lower court to order the Defendant to attach an electronic device for two years.
2. Determination
A. As to unfair disclosure and notification, 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 inform all persons who committed sexual crimes of personal information to defend our society from sexual crimes, and shall be exempted from such disclosure and notification only where there are special circumstances that may not be an exception.
In full view of such legislative intent and intent, ① there is a history of criminal punishment of the Defendant for the crime of indecent act by force or the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Public Place) three times prior to the instant case, ② the previous crime of the Defendant and the instant crime are all committed against unspecified victims, and the indecent act by force is committed against the victim by the method of deceiving her her sens, etc., and the contents of the crime are almost the same, ③ the necessity to protect the members of society from such sexual crime are also determined to be significant, there is no special circumstance that may not disclose or notify the personal information of the Defendant, and the period of two years as determined by the lower court is also acceptable.
Therefore, the Defendant’s ground of appeal on this part is difficult to accept.
B. As to the Defendant’s assertion of the illegality of attachment order, the result of the “assessment of risk of a sex offender against Korean type of crime (K-SORAS)” falls under the level of “high risk of recidivism” with the total point of 15, and the result of the “assessment of risk of recidivism” (PC-R).