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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
Summary of Grounds for Appeal
The lower court’s punishment (two years and six months of imprisonment) against the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.
It is improper to order the defendant in the case of an attachment order to attach an electronic tracking device for ten years even though he/she does not pose a risk of recidivism.
Judgment
On July 13, 2007, the Seoul Central District Court sentenced the Defendant to 8 months of imprisonment with prison labor for night intrusion and larceny at night on September 20, 2007, and the judgment became final and conclusive on September 20, 2007, each of the crimes of this case is in a concurrent relationship between the above crime for which the judgment became final and the latter part of Article 37 of the Criminal Act, and the case should be considered at the same time in equity.
However, each of the crimes of this case was committed on March 27, 1996, after the defendant intruded into the house in which female women are married, taking property and taking the opportunity to commit rape, and the nature of the crime was very poor. The defendant has already committed a special robbery, robbery, injury by robbery, and violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (a similar to the several crimes of this case, each of the crimes of this case has been committed by the defendant several times, such as threatening women who are married in the middle of the middle of the middle of several times as a deadly weapon and sprinking the victims' losses or hairs by sprinking them with the deadly weapons, and has taken property by force and raped them). On December 24, 2004, each of the crimes of this case appears to have been committed during the period of parole or repeated crime, during which the sentence was executed, and had been detained on March 27, 1996.