성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
The judgment below
Part of the attachment order case shall be reversed.
The request for the attachment order of this case is dismissed.
The judgment below
(2).
1. Summary of grounds for appeal;
A. The lower court’s punishment on the Defendant case and the person against whom the attachment order was requested (hereinafter “Defendant”) is too unhued and unreasonable.
B. The lower court’s dismissal of the Defendant’s request for the attachment order of this case, even if the Defendant’s request for attachment order is recognized as a risk of recommitting
2. Judgment
A. The crime of this case in the Defendant’s case is that the Defendant committed similar rape against his father and female living together, and the method and quality of the crime is not very good, and there is a need to punish the Defendant strictly considering the mental shock and suffering of the victim.
However, considering all of the sentencing conditions shown in the pleadings of the instant case, such as the fact that the Defendant recognized the Defendant’s criminal act, the victim’s mother agreed with the Defendant and wanting the Defendant’s wife, and the Defendant’s age, the background leading up to the instant criminal act, the means and methods of the instant criminal act, and the circumstances after the instant criminal act, the lower court’s punishment within the recommended range of sentencing guidelines determined by the Sentencing Commission is too uneasible and unreasonable.
B. A request for an attachment order: According to Article 9(1) and (4)1 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, where the court deems that the request for an attachment order is well-grounded, it shall issue an attachment order by judgment for a specified period of attachment, and where the request for an attachment order is deemed groundless, it shall reject the request for the attachment order by judgment.
The court below made a decision on the case of the request for an attachment order to be issued by judgment.
3. Accordingly, the prosecutor's appeal on the part of the judgment below regarding the defendant's case is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and there is a ground for ex officio reversal in the part of the attachment order case as seen above. Thus, probation