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Defendant
In addition, all appeals filed by the claimant for observation order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The punishment (two years of imprisonment) sentenced by the lower court to the Defendant and the requester for the observation order of the protective custody (hereinafter “Defendant”) is too unreasonable.
2) In light of the fact that the disclosure of personal information of a criminal defendant who committed an unfair disclosure or notification order is subject to restrictions on the rehabilitation and economic activities of the criminal defendant, and is likely to cause damage to his/her family members, etc., it is unreasonable for the court below to order the criminal defendant to disclose or notify his/her personal information, notwithstanding special circumstances that the criminal defendant should not disclose or notify such information.
B. Prosecutor 1) The sentence imposed by the lower court against the Defendant that was unfair in sentencing is too uneasible and unfair.
2) The lower court’s dismissal of the Defendant’s request for an order to observe the protection of the Defendant despite the risk of recommitting a sexual crime is unlawful.
2. Determination
A. As to the unjust assertion of sentencing by the Defendant and the Prosecutor, the instant crime committed an indecent act by the Defendant’s female employees at marina business establishments, committed similar rape after the Defendant committed an indecent act by force, committed a booming a female employee, and received money from the victims under the name of the victims as well as using a credit card or withdrawing money after he/she took advantage of the credit card from the hospitalized patients at the hospital where the Defendant works, and driving a drinking and a non-licensed driver without a license, and does not have any criminal liability in light of the method, content and frequency of the crime, etc.
Although the Defendant had had had a history of criminal punishment several times in the past, he/she committed the instant crime during the repeated crime period, and in particular, without being aware of some of the instant fraud crimes and the crime of indecent act and similar rape committed again, even though he/she was prosecuted for and under trial due to drinking or unlicensed driving crimes.
On the other hand, the Defendant committed the instant crime.