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Defendant
In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s order to undergo protective observation for Defendant and the person who requested the attachment order (hereinafter “Defendant”) and to undergo sexual assault therapy for 40 hours, and ordering the Defendant to disclose and notify the information about the Defendant for three years, and ordering the Defendant to attach an electronic tracking device for three years is unlawful.
2) The sentence sentenced by the lower court to the Defendant (two years and six months of imprisonment, and three years of suspended execution) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.
2. Determination on the defendant's case
A. According to Article 21(2) and (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, where the court declares a guilty verdict against a person who committed a sex offense against a child or juvenile, it shall concurrently issue an order to attend a lecture or order to complete a sexual assault treatment program for a period not exceeding 500 hours, barring any special circumstance where the order to attend a lecture or order to complete a program cannot be imposed, and where the execution of a sentence is suspended for a person who committed a sex offense against a child or juvenile, it may concurrently issue an order to attend a lecture or order to complete a sexual assault treatment program for a period not exceeding 50 hours.
In light of the Defendant’s age, power, risk of repeating a crime, circumstance and method of the instant crime, disadvantage inflicted on the Defendant due to an order to attend a course, and the preventive effect of a sexual crime that could be achieved therefrom, the court below’s duly adopted and examined evidence, there are special circumstances that may not be concurrently ordered to attend a course on the Defendant who committed a crime corresponding to a sex offense against a child or juvenile.