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Defendant
And the appeal filed by the person whose attachment order is requested shall be dismissed.
Reasons
1. As to the part of the Defendant case, the lower court rendered a judgment dismissing the prosecutor’s request regarding the part regarding the Defendant case, the attachment order for five years, and the part regarding the request for the attachment order for a probation order, and only the Defendant and the person subject to the request for the attachment order (hereinafter “Defendant”) appealed.
Therefore, notwithstanding Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Offenders as there is no benefit in appeal regarding the part of the request for probation order, the part of the judgment below regarding the request for probation order among the judgment below is excluded from the scope of the judgment of this court. Therefore, the scope of the judgment of this court is limited to the part
2. Summary of grounds for appeal;
A. The part of the defendant's case (e.g., imprisonment with labor for one year) is too unreasonable.
B. In light of the fact that the completion time of the Defendant’s workplace accompanying the part of the claim for attachment order is 22:30 square meters, and that it is deemed that no sexual crime will be re-feasible, the lower court’s order to attach an electronic tracking device and its compliance for five years is unreasonable.
3. Determination
A. It is recognized that the part of the defendant's case recognizes and reflects the crime of this case, and that the victim does not want the punishment any longer by agreement with the victim.
However, the Defendant committed the instant crime again during the period of repeated crime due to sexual crimes.
The crime of this case is an indecent act committed by the defendant according to the victim of the site where the defendant returned home, and the crime is not good, and the victim seems to have suffered considerable mental impulse.
In addition, the defendant's age, character and conduct, the environment, the motive, means and result of the crime of this case, and the circumstances after the crime, etc. are the conditions of sentencing.