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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence (two years of imprisonment) imposed by the lower court on the Defendant and the person subject to an application for an attachment order (hereinafter referred to as “Defendant”) is too unreasonable.
Although there are special circumstances that the defendant should not disclose or notify the personal information to the illegal defendant of an order to disclose or notify the personal information, it is improper that the court below ordered the defendant to disclose or notify the personal information for five years.
Even though it is difficult to readily conclude that the defendant in part of the case of a request for attachment order is likely to recommit a sex crime, the court below's ordering the defendant to attach an electronic tracking device is unfair, and the period of attachment order shall be reduced to at least five years, so that it is too long.
Judgment
It is reasonable to respect the argument of unfair sentencing on the part of the Defendant case in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court’s failure to change the sentencing conditions. In full view of the factors revealed in the proceedings of the instant case, the lower court’s sentencing is too so excessive that its discretion exceeded the reasonable scope of discretion.
The defendant's ground of appeal on this part is without merit.
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 notify the personal information of all persons who have committed sexual crimes to defend our society from sexual crimes, and shall not be allowed exceptionally.