beta
Text
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence (one year of imprisonment) imposed by the lower court on the Defendant and the respondent for the attachment order (hereinafter “Defendant”) is too unreasonable.
B. It is unreasonable for the court below to order the defendant to attach an electronic tracking device although the defendant did not pose a risk of recidivism.
2. Determination
A. There are extenuating circumstances such as the Defendant’s recognition of the instant crime and the mistake, the Defendant’s intellectual level appears to be lower than that of the general public, and the Defendant’s absence of any other criminal record other than a fine once.
However, the crime of this case is likely to be subject to criticism in that the victim who gets off from the city bus more than five times with the fact that the defendant had no awareness of being able to communicate with the victim who was released from the city bus through the city bus, was her own son, and the victim was habitually forced by force, and the crime of this case is not good in light of the content of the crime, and even though the defendant had been sentenced to a fine even before, there is a record of committing a similar crime, and the defendant again committed the crime of this case. The victim seems to have suffered a considerable sexual humiliation and mental suffering due to the crime of this case. Nevertheless, since the defendant failed to take any measures for the recovery of damage and the victim was punished by the defendant, it is inevitable to sentence sentence corresponding to the punishment of the crime against the defendant.
In full view of such circumstances and other factors as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and various sentencing conditions indicated in the records, such as the circumstances after the crime, the lower court’s punishment is appropriate and too unreasonable.
This part of the defendant.