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Defendant
In addition, all appeals filed by the respondent for an attachment order (the respondent for a probation order) and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Part 1 of the case of the defendant and the person to whom the attachment order was requested (the person to whom the attachment order was requested in a preliminary manner; hereinafter referred to as the "defendant")
(2) The sentence of the lower court (one year of imprisonment with prison labor for six months, one year of suspended execution) is too unreasonable, and is thus unreasonable.2) The sentence of the lower court is too uneasible and unreasonable.
B. The lower court’s decision that dismissed the Defendant’s request for an attachment order or a probation order, despite the risk of repeating a crime, is unfair.
2. Determination:
A. In full view of all the circumstances cited by the Defendant and the Prosecutor in each of the instant arguments, considering the following factors: (a) the Defendant committed the instant crime, even though having been sentenced to a fine for the same crime; (b) the victim appears to have caused sexual humiliation and displeasure; (c) the victim did not reach an agreement with the victim; (d) the Defendant led to the confession and reflect of the crime; (e) the Defendant has no criminal record other than fine once; and (e) the Defendant has no criminal record other than a fine; and (e) the extent of an indecent act has not been severe, etc., the court below’s punishment cannot be deemed to be unfairly heavy or light, even if considering all of the circumstances cited by the Defendant and the Prosecutor in each of the grounds for appeal.
B. The lower court dismissed the Defendant’s request for an attachment order and a probation order under Articles 9(4)4 and 21-8 of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders on the ground that the Defendant was sentenced to a suspended sentence. As seen above, the lower court’s disposition that the Defendant was sentenced to a suspended sentence is justifiable, Article 9(4)4 of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders.