아동ㆍ청소년의성보호에관한법률위반(준강간등)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. The sentence of the lower court against the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.
B. Prosecutor 1) The lower court’s sentence is too unfilled and unreasonable. 2) The Defendant needs to order the attachment of an electronic tracking device, as it is likely to pose a risk of recidivism of sexual crimes.
2. Determination
A. In the part of the Defendant case, the crime of this case committed by the victim, who is merely 13 years of age, had the victim drink an excessive volume of alcohol and take it over, and the crime of this case is very poor in quality to have sexual intercourse with the victim, and the victim seems to have undergone serious mental and physical pain. The defendant submitted an agreement with the victim in an inappropriate manner, and the mother of the victim strongly wanted to punish the defendant, etc., are disadvantageous to the defendant.
On the other hand, the fact that the defendant has no same criminal records, and that the defendant led to the crime of this case is favorable to the defendant.
In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances before and after the crime, etc., the lower court’s punishment is not deemed to be too heavy or unreasonable, and thus, the Defendant and the prosecutor’s allegation in this part is without merit.
B. The risk of recidivism of a sexual crime under Article 5(1) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders, in part of the attachment order case, means that the possibility of recidivism is insufficient solely on the basis of the possibility of recidivism, and that there is a considerable probability that the person requesting the attachment order may injure the legal peace by committing a sexual crime again in the future. The risk of recidivism of a sexual crime is the occupation and environment of the person requesting the attachment order, the behavior and means before and after the crime, the motive and means of the crime, the circumstances after the crime, and the outlines