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Defendant
In addition, both the respondent for attachment order and the prosecutor's appeal are dismissed.
Reasons
1. Compared to the judgment of the court below on the assertion of unfair sentencing, there is no change in the sentencing conditions, and where the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The sentencing grounds asserted by the Defendant and the person subject to an attachment order (hereinafter referred to as “defendants”) and the prosecutor appear to have been sufficiently taken into account in determining the sentence. Since new sentencing materials have not been submitted to this court, there is no change in the sentencing conditions compared with the original judgment.
Furthermore, in light of the motive, background, form and method of the instant crime, damage result, etc., it appears that the nature of the crime is extremely poor and that the mental shock and fear of the victim could not be achieved. On the other hand, in full view of the various sentencing factors that the lower court properly decided, including the fact that the Defendants have led to the instant crime, the Defendants cannot be deemed to have excessively heavy punishment on the Defendant or to have exceeded the reasonable scope of discretion.
All Defendants and prosecutor’s arguments are not accepted (the Defendant B’s assertion to the effect that the disclosure or notification order of personal information is improper. However, considering the Defendant’s criminal records and the contents of the instant crime, the possibility of recidivism, side effects and expected side effects of the Defendant’s injury due to the disclosure or notification order, the prevention of sexual crimes that may be achieved therefrom, and the effect of protecting the victims, the judgment of the court below is justifiable).
A. As long as the defendant A and the prosecutor appealed against the accused case, the request for probation order is made in accordance with Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.