Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

1. The lower court rendered a judgment regarding the part of the Defendant case, which ordered the attachment of an electronic tracking device for ten years with respect to the part of the case for which the request for attachment order was filed, and the prosecutor’s request for probation order was dismissed.

On the other hand, since only the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") have lodged an appeal, there is no interest in appeal regarding the part of the probation order claim

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the request for probation order is excluded from the scope of the judgment of this court.

2. The summary of the grounds for appeal (two years and six months of imprisonment) of the lower court is too unreasonable.

3. Determination

A. As to the part of the defendant's case, the crime of this case was committed by the defendant who committed an indecent act against the victims by committing an act of self-defense during the night hours, and it is not very good in light of the contents, object, method, etc. of the crime.

The victims seem to have suffered considerable sexual humiliation and mental suffering due to the crime of this case.

In the past, the Defendant was sentenced to a suspended sentence of imprisonment due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and again sentenced to a suspended sentence of imprisonment due to a crime of indecent act by compulsion, etc., and the sentence of the suspended sentence was invalidated. After the execution of each of the above punishments, the Defendant committed the instant crime again only one year after being released, and only one month after the completion of the attachment of an electronic tracking device.

In full view of these circumstances, it is inevitable to strictly punish the accused.

However, the defendant shows an attitude to recognize and reflect a crime, and the victims do not want the punishment of the defendant by mutual consent with the victims.

The Defendant was at the time of committing the instant crime.