성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
The part of the judgment of the first instance requesting attachment order shall be reversed.
With respect to the person against whom the attachment order is requested, location tracking for ten years.
1. Summary of grounds for appeal;
A. Prosecutor 1) The first instance court of unfair sentencing is only the Defendant and the respondent for an attachment order (hereinafter “Defendant”).
2) The lower court erred by misapprehending the legal doctrine or misunderstanding the fact that the first instance court dismissed the request for the attachment order of an electronic tracking device despite the risk of recommitting a sexual crime. (2) In so doing, the lower court erred by misapprehending the legal doctrine on the dismissal of the request for attachment order of an electronic tracking device.
B. The punishment sentenced by the first instance court to the defendant is too unreasonable.
2. Determination
A. As to the assertion on unfair sentencing, it is recognized that there are favorable elements for sentencing, such as the fact that the defendant recognizes his own crime and surrenders himself to the investigation agency by the defendant, that the defendant surrenders himself to the investigation agency by the defendant, that the victim and the wife of the defendant and the victim do not want criminal punishment, that the defendant supports the wife suffering from urology, language disorder, mental retardation, etc., that the defendant supports the victim's family, including the victim due to the defendant's detention, and that there is a situation where the defendant's family, including the victim, suffers economic difficulties, and that the defendant has been sentenced four times a fine due to the violation of the Road Traffic Act until now, and there is no history of punishment heavier than suspended execution.
On the other hand, the defendant has sexual intercourse with his/her aged son by force several times, and there is also an unfavorable element of sentencing, such as the fact that the crime has been very poor and bad, that the victim suffered a big mental or physical pain and has a great impediment to the formation of a sound sexual sense.
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, the means and consequence of the instant crime, and the circumstances after the commission of the crime.