Text
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. In light of the circumstances surrounding the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), the sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. The Defendant in the instant case is against the Defendant’s mistake; the Defendant committed the instant crime in a state of mental disorder by fault; the Defendant committed the instant crime in a state of mental disorder; the favorable circumstances such as the Defendant’s indecent act in a state of mental disorder; the Defendant has been sentenced to imprisonment for one year due to the commission of indecent act by compulsion; and the Defendant again committed the instant crime since five months have not passed since the execution of the sentence was completed; the Defendant discovered a juvenile at night a victim who was a juvenile and commits an indecent act against the victim by committing an apartment elevator; and the nature of the instant crime is not good; the victim appears to have received a large mental shock due to the instant crime; the victim appears to have received a large amount of mental shock; the Defendant’s age, character, character, environment, family relationship; the motive and consequence of the instant crime; the means and consequence of the crime; and the recommendation of sentencing guidelines for the enactment of the Sentencing Committee; etc. after the crime, it cannot be deemed that the Defendant’s punishment is too inappropriate.
Therefore, the defendant's assertion is without merit.
B. As long as the Defendant filed an appeal against a prosecuted case, it is deemed that an appeal against an attachment order case has been filed pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, the Defendant failed to submit any grounds for appeal regarding the attachment order case, and even if examining the lower judgment, there is no ground for reversal after ex officio investigation as to the part of the attachment order case.
3. If so, the defendant's appeal is reasonable.