Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

In addition, the punishment of the court below (two years and six months of imprisonment) is too unreasonable.

The lower court’s sentence of unreasonable sentencing as to the prosecutor’s case of prosecuted is too uneasible and unreasonable.

In full view of the following facts: (a) the criminal defendant who was dismissed due to the request for attachment order and the person subject to the request for attachment order (hereinafter “the criminal defendant”) committed repeatedly a dangerous type of crime, such as intrusion upon the victim’s residence while carrying a deadly weapon; (b) the sexual crime against an unspecified female without permission; and (c) the possibility that there is a similar criminal act not revealed because the same crime was repeated during the period of three years from 2003 to 2006, it may not be ruled out that there is a possibility that the criminal defendant’s location tracking device attachment order against the defendant is necessary to correct the recidivism and character of the criminal

Nevertheless, the judgment of the court below which dismissed the prosecutor's request for attachment order.

The determination of sentencing on the part of the defendant's case is based on the statutory penalty, based on the fact that the discretionary determination is made within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, and in addition, in light of the ex post facto nature of the appellate court, etc., it is reasonable to respect it in a case where there is no change in the conditions for sentencing compared with the first instance

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In light of the method and content of the instant crime, the age and degree of damage of the victim at the time, etc., the lower court rendered a final and conclusive judgment on the following facts: (a) the Defendant appears to reflect on the Defendant; (b) the rape committed was committed; (c) the victim did not want to be punished; and (d) the instant crime became final and conclusive.