Defendant

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

1. Summary of grounds for appeal;

A. The Defendant and the requester for an order to attach a location tracking device, and an electronic device disclosure and notification order (hereinafter “Defendant”) are not likely to repeat sexual crimes.

Therefore, the court below, however, imposed all orders to attach an electronic tracking device, disclose and notify the location tracking device to the defendant, which is improper.

B. Sentencing of the lower judgment’s unfair sentencing (a) is too unreasonable to impose an order to disclose and notify the sentence of imprisonment for seven years and ten years, an order to restrict employment between seven years, an order to attach an electronic device tracking device and an order to attach an electronic device for seven years).

2. Determination:

A. Determination on the illegality of an attachment order of a location tracking device, disclosure, and notification order is based on relevant legal principles. The risk of recidivism of a sexual crime under Article 5(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes means that the person subject to the request to attach an electronic device is highly probable to injure the legal peace by committing a sexual crime again in the future. The existence of the risk of recidivism of a sexual crime ought to be objectively determined by comprehensively assessing various circumstances, such as the occupation and environment of the person subject to the request to attach an electronic device, the criminal conduct before the crime, the motive and means of the crime, the circumstances after the crime, and the outline of the crime (see, e.g., Supreme Court Decision 2014Do17294, 2014Do276, Feb. 26, 2015). Article 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, including the name and address of each person subject to disclosure, should be disclosed.