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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 of the lower court (two years of imprisonment) against the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.
B. It is unreasonable for the court below to dismiss the request for attachment order by the court below, even though it is necessary to attach an electronic tracking device because the court below’s punishment is too unfeasible, and the defendant is likely to repeat a sexual crime again.
2. The circumstances favorable to the defendant include the fact that the part of the case against the defendant was divided by mistake, and the fact that the crime of quasi-rape was committed even though it was attempted to commit an attempted crime are favorable to the defendant.
On the other hand, the instant case is an unfavorable circumstance to the Defendant for the following reasons: (a) the Defendant was under the influence of alcohol to move the victim who has lost consciousness to the vehicle and attempted rape; (b) the nature of the relevant crime is very serious; (c) contact with the mother of the victim after the crime to return the victim’s belongings; (d) the Defendant did not receive a letter from the victim until this court; and (e) the Defendant committed the instant crime even if there was a criminal history of the same kind; and (e) the Defendant committed the instant crime.
In full view of the aforementioned circumstances and other various conditions of sentencing, including the Defendant’s age, sex, environment, the circumstances leading up to each of the instant crimes, and the circumstances after the commission of the crime, the lower court’s punishment is too heavy or is deemed unreasonable.
Therefore, we cannot accept all the defendant's and prosecutor's arguments on the part of the defendant case.
3. The following circumstances acknowledged by the record on the part of the request for attachment order, namely, ① the assessment of the risk of recidivism against the Defendant at a total point of 8 points (29 points out of total, middle 7-12 points) as a result of the assessment of the risk of recidivism at Korea (K-SORAS). The risk of recidivism at a low level constitutes an intermediate level, and the risk of recidivism by the assessment of the risk of recidivism at a mental disease (PC-R) is also the total point of 11 points.