beta
Text
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant and the victim of the violation of the Constitution and the Act (hereinafter “Defendant”) entered the “D” store as indicated in the lower judgment and breabbbing the her son, etc., the Defendant’s her son, etc. was not a minor case, the lower court ordered the Defendant to register the personal information, disclose and notify personal information for three years, and attach an electronic tracking device. In so doing, the lower court erred by infringing the Defendant’s human rights, who is the disabled, in violation of the Constitution and the Act.
B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. Determination
A. As to the assertion of violation of the Constitution and law, Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the part of the registration of personal information provides that a person who has been convicted of a sex crime subject to registration under Article 2(1)3 of the same Act or a person against whom an order to disclose information has become final and conclusive pursuant to Article 49(1)4 of the same Act shall be a person subject to registration of personal information, and there is no separate provision on the grounds for exclusion from the registration of personal information, and there is no distinction between a person with a disability and a non-disabled person. Thus, the court below's decision that the defendant becomes a person subject to registration of personal information where the crime in the judgment of the court below is found guilty pursuant to the above provision is just and it cannot be deemed that the judgment of the court below is erroneous in infringing on the human rights of the disabled in violation of the Constitution or law. Accordingly, this part of the defendant's assertion is without merit, and as a matter of principle, Article 47(1) and 49(1) and (1) of the Act on the Protection of Children against Sexual Crimes.