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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. The decision of the court below ordering an attachment order is unfair because the sentence (two years of imprisonment, 80 hours of order to complete a sexual assault treatment program, and 3 years of order to notify disclosure) of the summary of the grounds for appeal is too heavy, and the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") do not recognize the risk of recidivism of a sexual crime. Even if the risk of recidivism of a domestic crime is acknowledged, the attachment period of an electronic tracking device (three years) as determined by the court below is too excessive.
2. Determination:
A. The part of the defendant's case corresponds to the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake, and that the defendant has no record of fine or heavier punishment, etc.
However, the crime of this case committed by the Defendant committed an indecent act against a young female female who was aboard his taxi, and then threatened the victim with the aim of retaliationing the victim, and furthermore, commits another female passenger victim habitually and in another female passenger victim in the course of committing an indecent act, and it is difficult to view the victim as a contingent crime by temporary shock, and thus, the crime of this case is very high.
Furthermore, there are many unfavorable circumstances that the Defendant committed the crime of indecent act by compulsion against other female passengers while being tried in the instant case due to the suspicion of intimidation for the purpose of retaliation, and that the victims did not take any measures to recover from damage, and the victims want to punish the Defendant.
In addition, comprehensively considering the defendant's age, character and conduct, environment, family relationship, motive and circumstances after the crime, and the recommended sentencing guidelines, etc., the sentence imposed by the court below is too big compared to the degree of responsibility of the defendant.