아동ㆍ청소년의성보호에관한법률위반(강간등상해)등
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. In light of the fact that the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) repents his mistake and the Defendant’s age, etc., the lower court’s punishment (the maximum term of four years of imprisonment, the maximum of three years of three years and six months of imprisonment, and the fine of 150,000 won) is too unreasonable.
B. In light of the prosecutor’s (1) part of the Defendant’s case (a) details of the instant crime, the degree of damage to the victims, etc., the lower court’s punishment is too uneasible and unreasonable.
(2) Considering the overall circumstances of the claim for attachment order, the Defendant is deemed to pose a risk of repeating sexual crimes.
2. Determination
A. On the ground that the defendant and the prosecutor's thought that he want to have sexual intercourse merely, the victim G was rape and injured during the course of the rape, etc. The victim G seems to have received a considerable mental impulse, such as the crime of this case, the victim G seems to have received a considerable amount of mental impulse, and the victim G wanting to punish the defendant, the crime of rape itself is divided into the defendant's mistake, and the defendant's age is 16 years old, and the defendant's mental illness is not limited to the degree of mental disorder, but it seems that the defendant's mental disease had influenced the crime of this case, including favorable circumstances, such as character, environment, family relationship, motive and background of the crime, method and consequence of the crime, etc., as stated in the arguments of this case, and the sentencing guidelines established by the Sentencing Committee after the crime of this case, etc., the court below's sentencing is not acknowledged to be unfair or unreasonable.
Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.
(b) The claim regarding the prosecutor’s request for attachment order.