Text
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. The judgment of the court below that issued an attachment order is unfair because the sentence (two years of imprisonment, 80 hours of completion of a sexual assault treatment program, etc.) of the court below is too heavy, and the defendant and the person who requested the attachment order (hereinafter “the defendant”) do not recognize the risk of recidivism of a sexual crime, and even if the risk of recidivism of a domestic crime is recognized, the attachment period of an electronic tracking device (five years of attachment) as determined by the court below is too excessive.
2. Determination:
A. The part of the defendant's case corresponds to the circumstances favorable to the defendant, such as the confession and depth of the defendant's crime of this case, and the fact that the defendant has a mother who should support, etc.
However, the crime of this case is deemed to have been committed by indecent act by force of the victim, and in particular, the victim seems to have received a large mental impulse due to this case in the third grade of high school. The defendant's assertion is without merit, in full view of the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, circumstances after the crime, etc., as well as various sentencing conditions and recommended sentencing guidelines as shown in the argument of this case, such as the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, etc., as well as the fact that the defendant committed the crime of this case even though he was under criminal punishment several times, including the previous conviction in the judgment.
B. The lower court’s judgment on the part of the case involving attachment order 1 is as follows: (a) the Defendant committed a sexual crime within 10 years after the completion of the execution of a sentence of imprisonment due to a sexual crime; and (b) the evidence duly examined by the lower court, such as a response to a written investigation prior to the request, etc.