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Defendant
In addition, appeal by the person who requested probation order is dismissed.
Reasons
1. As to the part of the Defendant case, the lower court accepted the prosecutor’s request for a probation order as to the part of the Defendant case, and rendered a judgment dismissing the prosecutor’s request as to the part of the case of the request for a probation order, and only the Defendant and the person requesting a probation order (hereinafter “Defendant”) appealed.
Therefore, the Act on the Electronic Monitoring, etc. of Electronic Devices, which was amended by Act No. 16923, Feb. 4, 2020, and enforced from August 5, 2020, was amended to “Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders” as “Act on the Electronic Monitoring, etc. of Electronic Devices.”
Notwithstanding the provisions of Articles 21-8 and 9(8), the scope of trial of this court shall be limited to the part of the defendant's case and the part of the case of probation order, and the part of the case of request for attachment order shall be excluded from
2. The summary of the grounds for appeal (unfair sentencing on the Defendant’s case) of the lower judgment against the Defendant is too unreasonable.
3. Determination
A. The following facts are the circumstances favorable to the Defendant: (a) the Defendant, who made the judgment of the Defendant regarding the case, led to confession of the facts constituting an offense and repent of the mistake; (b) the Defendant has no record of punishment for the same offense; and (c) the fact that the instant case ought to be considered at the same time in relation to the special injury recorded in the records of criminal records and the latter concurrent crimes
On the other hand, the crime of this case was committed by the defendant who intrudes into the first grade class class class class class class of an elementary school at the center of macro-si, caused the victim who prepared to take lessons by attending the school first of all other students, and was rapeed, resulting in the victim's injury by rape, in light of the background, contents, and result of the crime, and the possibility of criticism is very serious.