The judgment below

The part of the request for attachment order shall be reversed.

For a period of four years, the person against whom the attachment order is requested.

1. Summary of grounds for appeal;

A. The lower court’s sentence of the Defendant case against the Defendant and the person for whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.

B. Considering that the Defendant’s efforts were made to recover from damage while having tried not to repeat the case claiming an attachment order, the lower court’s ordering the Defendant to attach an electronic tracking device for seven years is deemed to be too excessive for the period of attachment.

2. Determination

A. The crime of this case committed on the part of the defendant case is that the defendant committed an indecent act on two occasions by using the chests of the victim with intellectual disability 3 (the victim, 30 years old), and transmitted pictures and photographs that show the victim's sexual intercourse, video that the victim's sexual intercourse with the victim, and letters that mention the victim's specific body part of the victim and the defendant's specific body part, etc., which cause sexual humiliation and aversion.

The lower court determined a punishment against the Defendant by taking into account the following factors: (a) the Defendant committed a crime by using the circumstance where the victim was unable to resist easily due to intellectual disorder and lacks ability to cope with it; (b) the nature of the crime is not good; (c) the victim appears to have been given a considerable sense of sexual humiliation and mental impulse; (d) the victim wanted to be punished by the Defendant; (c) the Defendant has a majority of the records of having been sentenced several times due to sexual assault; (d) the Defendant committed the instant crime during the period of repeated offense, such as fraud and theft; and (e) the Defendant committed the instant crime during the period of repeated offense due to the same kind of crime; and (e) the Defendant committed the crime: (c)

The sentencing of the lower court seems to have been appropriately determined by fully taking into account the aforementioned various circumstances.

There is no change in circumstances that can be assessed differently from the sentencing conditions of the court below, and otherwise the age of the defendant.