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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence (two years of imprisonment, 80 hours of sexual assault treatment program, and 7 years of disclosure notice) imposed by the lower court on the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) is too unreasonable.
B. The Prosecutor (1) the sentence imposed by the lower court on the Defendant in the part of the Defendant case is too unfasible and unreasonable.
(2) It is unreasonable to dismiss the Defendant’s request for an attachment order even if the Defendant’s application for an attachment order has an alternative sexual habitive and high risk of recidivism.
2. Determination:
A. The part of the defendant's case (Judgment on the assertion of unfair sentencing by the defendant and the prosecutor) is the case where the defendant invadedd the victim's residence E and raped, and suffered bodily injury by raped the victim I. In light of the Criminal Procedure Act and the contents of the crime, the crime's nature is very heavy in light of the fact that the victims would have suffered considerable mental impulse and pain due to the crime of this case, it is necessary to punish the defendant strictly.
However, on the other hand, the court below's punishment seems to be reasonable in light of the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and result of the crime, and other various sentencing conditions as shown in the record, such as the defendant's age, character and behavior, circumstance of the crime, method and consequence of the crime, it seems that there is no past record of criminal punishment for the same kind of crime, the defendant's agreement with the victim E was reached, the victim I paid a considerable amount of money or deposited to the victim I for the recovery from damage. The court below's punishment seems to have been determined in full consideration of the various circumstances mentioned above, and there is no other change of circumstances that the court below and the punishment were different. Thus, the defendant and the prosecutor's allegation of unfair sentencing is too heavy or unreasonable.