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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. Defendant and the person to whom the attachment order was requested (1) The first instance court is the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”).
2) It is unreasonable that the first instance court ordering the Defendant to attach an electronic tracking device to the location of the Defendant is so unreasonable that the sentence sentenced to imprisonment (five years of imprisonment for a term of three years) is too unreasonable.
(b) The sentence imposed by the first instance court on the Defendant is too unfased and unreasonable;
2. Determination
A. As to the assertion of unfair sentencing, the Defendant committed several indecent acts on the part of Chokman’s younger victims, and there is an unfavorable element of sentencing, such as the fact that the nature of the crime is very poor and that the Defendant’s crime affects the formation of the victim’s normal concept of sexuality and growth.
On the other hand, it is also recognized that there are more favorable sentencing factors such as the defendant's recognition of the crime, the fact that the victim and the father of the victim are the prior wife of the defendant, and the defendant has no record of punishment other than the punishment sentenced twice as a crime of violation of the Road Traffic Act until now.
In full view of these factors of sentencing and the defendant’s age, character and conduct, environment, motive and background of the crime, criminal records, and circumstances after the crime, the sentence of the first instance court is deemed to be appropriate, and it is not deemed to be too heavy or too unreasonable.
Therefore, the above argument of unfair sentencing by the defendant and prosecutor is without merit.
B. According to Articles 5(1)3 and 4, and 9(1) of the former Act on the Electronic Monitoring, etc. of Specific Criminal Offenders (Amended by Act No. 11558, Dec. 18, 2012; Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders) with respect to the wrongful assertion of an attachment order, when a sexual crime was committed on at least two occasions, and thus, committed a sexual crime against a person under 16 years of age.