성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for twelve years.
Sexual assault against the defendant for 120 hours.
1. Summary of grounds for appeal;
A. The defendant and the person against whom the attachment order was requested (hereinafter “defendant”) and his defense counsel asserted that the sentence of the court below (12 years of imprisonment) is too unreasonable, and the prosecutor asserts that it is too uneasible and unreasonable.
B. The Defendant and his defense counsel asserted that the lower judgment ordering the Defendant to attach a location tracking electronic device for 20 years even though the Defendant is unlikely to recommit a sexual crime, is unreasonable, and the prosecutor asserts that the above attachment period is too short and unfair.
2. Determination:
A. While the lower court ex officio reversed the part of the Defendant’s case, on the grounds that the Defendant was convicted of the facts constituting a sex offense against a child or juvenile, it did not concurrently order the Defendant to complete a sexual assault treatment program on the ground that it received a request from the Defendant to attach an electronic tracking device and issued an order to complete a sexual assault treatment program due to the compliance
However, as seen below, the court below dismissed the defendant's request to attach an electronic device attachment order, and therefore, the court shall concurrently complete sexual assault treatment programs in accordance with Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Therefore, the part of the defendant's case shall be reversed ex officio.
B. 1) In light of the following circumstances revealed through the evidence duly adopted and examined by the court below, it is difficult to deem that there is a reasonable probability that the defendant would injure the legal peace by again committing a sexual crime after completing a long-term convict life. (A) In addition to the instant crime, the defendant has no record of being punished for a sexual crime against a third party or of being charged with such crime.
B. The investigator who prepared a survey prior to the request for the attachment order of this case.