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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. In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (two years and six months of imprisonment, and 80 hours of completion of sexual assault treatment programs) is too unreasonable.
B. Prosecutor 1) In light of the various sentencing conditions in the instant case, the lower court’s above sentence is too unfasible and unreasonable. 2) In light of the content of each of the instant crimes committed against victims vulnerable to sexual crimes in the attachment order case at intervals of three hours, and the risk of recidivism, etc., the Defendant is deemed to need to attach an electronic device.
Nevertheless, the judgment of the court below which dismissed the defendant's request for an attachment order, is erroneous in the misapprehension of facts as to the risk of recidivism in the attachment order.
2. Determination
A. Examining the various sentencing conditions in this case on the part of the defendant's case (the defendant and the prosecutor's assertion of unfair sentencing), each of the crimes in this case constitutes an element of sentencing unfavorable to the defendant. Each of the crimes in this case is committed by the defendant's attempt to rape the victim E residing in the same female house, and attempted to engage in sexual intercourse by force with the victim F who has intellectual disability residing in the above female house after several hours thereafter, and was committed as attempted. The defendant committed each of the crimes in this case against the victims who can be deemed socially disadvantaged, and the victims are likely to have suffered considerable sense of sexual humiliation and mental impulse due to each of the crimes in this case, and the victims did not take any measures to recover the victims' damage, and all of the crimes in this case or each of the crimes in this case were committed during the period of repeated crime.
On the other hand, the sentencing factors that are favorable to the defendant have shown to the effect that the defendant committed each of the crimes of this case at the time of the trial, and the defendant has shown to reflect his mistake.