Defendant

In addition, all appeals filed by the person subject to attachment order, the person subject to probation order and the prosecutor are dismissed.

Summary of Grounds for Appeal

A. The punishment (one year of imprisonment, etc.) imposed by the court below (limited to the defendant and the respondent for an attachment order, and the respondent for a probation order (hereinafter “defendant”) is too unreasonable.

B. Prosecutor 1) It is unreasonable for the lower court to dismiss all of the Defendant’s request for attachment order and request for probation order, even though the part of the Defendant’s case, which was sentenced by the lower court, is likely to recommit a sexual crime.

The judgment on the part of the defendant's case has no record of being punished as a sexual crime against the defendant, and the fact that the defendant is against all of the crimes of this case, etc. are favorable to the defendant.

On the other hand, each of the crimes of this case is a situation unfavorable to the defendant, such as where the defendant did not take measures such as returning the victim who is intellectualally disabled, but rather sexual intercourse over three occasions by taking advantage of the fact that the victim's home cannot resist due to mental disorder due to his own house, and the responsibility for such crime is very heavy. Each of the crimes of this case appears to have suffered a considerable sense of sexual shame and suffered a big mental impulse. Nevertheless, the fact that the defendant has not yet received a letter from the victim is disadvantageous to the defendant.

In addition, the above circumstances and the Defendant’s character and conduct and environment, the motive, means and consequence of each of the instant crimes, all of the sentencing conditions shown in the argument in the instant case, such as the motive, means and consequence of the instant crimes, and the range of recommended sentences according to the sentencing guidelines set by the Supreme Court’s Sentencing Commission [the range of recommending punishment] [the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Act on the Punishment, etc. of Sexual Crimes of August 17, 2019] [the scope of recommending punishment]] general standards, the basic area (6-9 years) [the person with a special disability] of the sex offense subject to disabled persons (the person with a disability of 13 years or more].