성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Defendant
In addition, all appeals filed by the respondent for attachment order shall be dismissed.
1. The summary of the grounds for appeal is too unreasonable that the punishment (five years of imprisonment) imposed by the lower court on the Defendant and the person to whom the attachment order was requested (hereinafter “the Defendant”).
2. Determination
A. Since 1984, the part of the defendant's case is that the defendant recognized all of the crimes of this case and reflects the mistake, there is no past history of punishment heavier than sexual crime or fine, and it appears that the defendant was unable to receive proper education, and that the defendant is considerably behind the normal sense of intellectual ability.
However, the crime of this case was committed by the defendant's act of similarity with the contents of allowing the defendant's sexual organ to be placed in the victim's entrance after moving the defendant's 7-year-old female under the age of 7 in the alley path into a nearby residential roscoper and threatening the defendant's sexual organ. The crime of this case is very poor.
In addition, in full view of the following circumstances: (a) it is evident that the Defendant had been subject to sexual humiliation and mental impulse that it is difficult for the Defendant to cope with the instant crime, (b) the Defendant did not reach an agreement with the victim; (c) the Defendant was punished against the Defendant; and (d) the Defendant’s age, character and conduct, environment, details of the crime, and circumstances after the crime, etc., all the circumstances constituting the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, circumstances, and circumstances after
B. The lower court sentenced the Defendant to an attachment order, and inasmuch as the Defendant filed an appeal against the accused case, it is deemed that the Defendant filed an appeal regarding the case for which the request for attachment order was filed under Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.
However, not only did the defendant submit legitimate grounds for appeal regarding attachment order, but also examined the judgment of the court below.