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Defendant
In addition, both the appeal by the person requested to attach an attachment order and the appeal by the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant 1") are only intended to lead to a general relationship with the victim, and the victim was also found as the defendant's will with the full consent of the victim as a relationship with the defendant, and there was no fact that the defendant had the victim enter the defendant's house for the purpose of sexual intercourse. Nevertheless, the court below convicted all of the facts charged in this case. Such judgment of the court below is erroneous in the misunderstanding of facts and misunderstanding of legal principles, and thus unfair sentencing sentencing is too unreasonable.
3) Although there are special circumstances under which the court below should not disclose and notify the personal information of the criminal defendant in violation of an order of disclosure notification, it is improper to order the court below to disclose and notify the criminal defendant's information for five years. 4) The court below's improper order of employment restriction to the defendant and the related institution for children and juveniles, etc. and the disabled
5) It is unreasonable that the lower court ordered the Defendant to attach an electronic tracking device for a period of seven years, although there is no risk of recidivism of a sexual crime against the Defendant, which is unfair to attach an electronic tracking device. B. The prosecutor (an unfair sentencing of the lower court is too unreasonable).
2. Determination
A. As to the Defendant’s assertion of misunderstanding of facts, the lower court also asserted the same purport as the allegation of misunderstanding of facts, etc., and the lower court rejected the above assertion by providing a detailed judgment.
The crime of inducing sexual intercourse under Article 288(1) of the Criminal Act is established at the time of inducing a victim for the purpose of sexual intercourse, etc. with the fact that “the freedom of human body or life of the induced person” is regarded as the protected legal interest. In addition, in light of the content of Article 288(1) of the Criminal Act and the prior meaning of “competence”, etc., the above crime is established.