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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. The decision of the court below that sentenced an attachment order to the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendants") on the grounds that the sentence (two years of imprisonment, seven years of disclosure notification order, etc.) of the court below is too heavy, and the risk of recidivism of sexual crimes is not recognized. Even if the risk of recidivism of domestic affairs is recognized, the attachment period of the location tracking electronic device (10 years of attachment) as determined by the court below is too excessive.
2. Determination:
A. The part of the defendant's case is that the defendant had expressed his intention not to punish the victim, and that the defendant has recognized all of the crimes when he was in the trial constitutes a favorable condition to the defendant.
However, the crime of this case is not only raped by the victim against the victim's will, but also continues to commit the crime by threatening the victim with a photographed video, etc. In light of the circumstances where the victim submitted a letter of withdrawal of complaint to the court below, it is difficult to view that the defendant would receive a true statement on the crime of this case from the victim. The defendant changed to the fact that the defendant was sexual intercourse with the victim until the court below held that it was sexual intercourse with the victim, and it was late later recognized, but it is doubtful that the crime was seriously against the victim, it is necessary to punish the defendant with severe punishment corresponding to the liability for the crime.
In addition, considering the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and the recommended sentencing guidelines as a whole, etc., various sentencing conditions as shown in the argument of this case, such as the defendant's age, character and conduct, family relation, circumstances after the crime was committed, and the sentencing guidelines, etc., the court below's sentence against the defendant is deemed unfair
(b) the probation of specific criminal offenders in part of the attachment order case;