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Defendant
And the appeal filed by the person whose attachment order is requested shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence (one year and six months of imprisonment) imposed by the first instance court on the defendant and the person to whom the attachment order was requested (hereinafter “the defendant”), is too unreasonable.
(b) It is unreasonable that the first instance court orders the defendant to disclose or notify personal information.
C. It is unreasonable for the first instance court to order the defendant to attach an electronic tracking device although the defendant does not pose a risk of recommitting a sexual crime.
2. Determination
A. As to the assertion of unfair sentencing, there are favorable factors of sentencing, such as the defendant's recognition of his own crime and reflects on his own name, the victim does not want the punishment of the defendant, and the defendant is the disabled with hearing impairment, etc.
However, even though the victim clearly expressed his intention of refusal, it is very poor that the chest of the victim suffering from mental disability and that the sexual organ was spreading, on February 10, 199, the defendant was sentenced to a stay of execution for 2 years by imprisonment with prison labor for rape injury at the Busan High Court on February 10, 199, and on July 26, 2002, the defendant was sentenced to a stay of execution for 4 years. On July 26, 2002, the defendant was sentenced to a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (residential Rape, etc.) in the Jinwon District Court on July 26, 2002.
In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, means and consequence of the instant crime, and various circumstances revealed in pleadings, such as the circumstances after the commission of the crime, the sentence sentenced by the first instance court is deemed appropriate, and it is too unreasonable.
Therefore, the defendant's above assertion is without merit.
B. As to the wrongful assertion of disclosure and notification order, the instant crime is subject to disclosure and notification order.