Text
Defendant
In addition, both the appeal filed by the respondent B, the defendant A, and the prosecutor shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant case(s) and the sentence imposed by the court below [the defendant and the person to whom the attachment order was requested (hereinafter “defendants”)]
(B) B: Regarding the maximum term of four years of imprisonment, the short term of three years of imprisonment, the short term of five years of imprisonment, and the short term of four years of imprisonment), the Defendants appealed respectively on the grounds that the prosecutor is too uneasible and unreasonable.
B. In light of the background of the instant crime and the character and conduct of the instant case, the lower court’s dismissal of the Defendant’s request for attachment order of an electronic tracking device against the location of the Defendant was erroneous as to the risk of recidivism.
2. Determination
A. A. The prosecutor’s ex officio reversal following changes in the indictment of this case, which was subject to the judgment of the court below, is keeping the charges of this case, and ① the existing violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Minor Rape, etc. under thirteen years of age) against the Defendants pursuant to the indictment and the established rules on the name of the crime to be stated in the non-prosecution (wholly amended by the Rules of the Supreme Prosecutors’ Office No. 589, Jan. 16, 2012) which was enforced since Jan. 18, 2012, is changed to the following: (i) violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (U.S. Minor Rape, etc. under thirteen years of age)" (Special Cases concerning the Punishment, etc. of Sexual Crimes (F. 13 years of age) and (ii) violation of the existing provisions of Article 201(1) and (2)3) of the former Criminal Act (F.