성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준유사성행위)
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
1. The lower court rendered a judgment of conviction on the part of the Defendant case, and ordered probation ex officio pursuant to Articles 21-3(2), 21-2 subparag. 1, 21-4(1) and 9-2(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, by dismissing the prosecutor’s request regarding the part regarding which a request for attachment order was made.
Therefore, the part of the case in which the defendant and the person subject to the request for attachment order (hereinafter “the defendant”) have interests in appeal as to the part of the request for attachment order by the court below, and only the defendant appealed, the part of the request for attachment order by the court below pursuant to Article 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders falls under the scope of the judgment of this court
However, the defendant only contests the part of the judgment below regarding the defendant's case based on the grounds of appeal, but does not express his/her intention to specifically see the part of the judgment below's claim for attachment order, and there is no circumstance to deem that probation order issued by the judgment below is unfair. Thus, the court below should examine only the part concerning the defendant's case.
2. The summary of the grounds for appeal: The lower court’s imprisonment (five years of imprisonment) is too heavy.
3. The judgment of the court below held that the crime of this case was similar to the crime of this case committed by the defendant, who is only eight years of age, in order to meet the distorted sexual desire of the victim who is his relative, which is merely eight years of age, and that the crime of this case is very bad, and that the defendant committed the crime of this case again since it had been sentenced to five years of suspended execution due to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor's indecent act under thirteen years of age) in the Daejeon District Court's Support on 19 February 2014.