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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the various sentencing conditions of the Defendant’s instant case, the sentence imposed by the lower court (six months of imprisonment) is too unreasonable.
B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for a period of two years.
2. Determination
A. Examining the various sentencing conditions of the Defendant in the instant case, each of the instant crimes was committed against the Defendant, even though the Defendant was released after being sentenced to a suspended sentence due to sex crimes, and once again committed a public performance and indecent act on nine days. The Defendant was punished for the previous crimes, and the Defendant committed multiple same types of crimes from the following and repeated thereafter, and each performance and obscenity crime may lead to an additional sex crime. The victim appears to have been subject to considerable mental impulse. In the instant crime, the victim is disadvantageous to the Defendant.
On the other hand, the fact that the defendant, while denying the crime in the investigative agency, led to the court of the court below, led to the confession and rebuttal of each of the crimes in this case, the victim of forced indecent act did not want the punishment of the defendant, and the family members of the defendant should receive medical treatment by bringing the defendant to the hospital, is favorable to the defendant.
As above, comprehensively taking into account all the factors of sentencing, such as the defendant's age, sex and environment, family relation, motive and background of the crime, method of the crime, and circumstances before and after the crime, etc., which are disadvantageous to or favorable to the defendant, and all of the factors of sentencing as indicated in the theory of changes in the records and arguments in the crime, etc. In addition, the court below appears to have sentenced the defendant for six months within the recommended range of punishment that is set forth in the sentencing criteria (not less than one month of imprisonment) taking into account such factors of sentencing, and even if there are no special circumstances or changes in circumstances that could reduce the sentence of the court below in the court below