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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment in relation to the Defendant case, the lower court was justifiable to have found the Defendant guilty of rape among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules
In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing can only be filed where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been sentenced at the court below. Thus, the argument that the Defendant and the person who requested an attachment order (hereinafter “Defendant”) were unduly unfair in the instant case where a more minor sentence has been pronounced, is not a legitimate ground for appeal.
In addition, the lower court, based on its stated reasoning, has “special circumstances in which personal information shall not be disclosed”
The judgment of the first instance court ordering the disclosure and notification of information on the defendant for a period of five years. In light of the purport and records of the relevant provisions of law, such measures of the court below are justified, and there is no violation of law as alleged in the grounds of appeal.
2. Examining the reasoning of the lower judgment regarding the claim for attachment order, in light of the record, the lower court, based on its stated reasoning, risk of recidivism by the Defendant.
The judgment of the court of first instance ordering the attachment of an electronic tracking device for a period of five years is just, and there is no violation of law as alleged in the grounds of appeal.
3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.