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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment (two years and six months of imprisonment, 40 hours of order, and 3 years of disclosure and notification) imposed by the lower court on the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) is too unreasonable.
B. Prosecutor (1) The sentence imposed by the lower court on the Defendant case is too unfortunate and unreasonable.
(2) It is unreasonable for the court below to dismiss the request for the attachment order of this case, even though the defendant committed rape twice in the short term, in light of the fact that the defendant committed rape.
2. Determination
A. The Defendant’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor both recognize the facts of the offense and repents his mistake, the lower court agreed with the victim F and deposited 7 million won to the victim D in the lower court, and the Defendant agreed with the victim D, and the fact that there was no other criminal power except for those subject to a fine twice due to the violation of the Road Traffic Act (driving).
On the other hand, the crime of this case committed by the defendant was committed by intrusion upon the victim's residence during the night and attempted rape, and the crime is not good, and the defendant repeated the same kind of crime within the short period.
Considering the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and method of committing an offense, and circumstances after committing an offense, the lower court’s punishment is too heavy or unreasonable. Therefore, the Defendant and the prosecutor’s assertion of unreasonable sentencing is without merit.
B. The lower court’s determination on the prosecutor’s claim regarding the prosecutor’s request for attachment order has no same criminal records, and as a result of the Defendant’s application of the K-SORAS to the Defendant, the risk of recidivism falls under the intermediate level, and the PC-R evaluation results show that the risk of recidivism falls under the intermediate level, and the PC-R evaluation results are three overall points.