Text
The prosecutor's appeal is dismissed.
Reasons
1. Summary of the prosecutor's grounds for appeal;
A. The sentence imposed by the court below on the defendant (a prison term of four years under the suspension of execution for three years, a community service for 80 hours, a lecture course for 40 hours sexual assault treatment, and an information disclosure and notification for four years) is too uneasible and unfair.
B. It is improper for the court below to dismiss the request for attachment order even if the defendant's improper rejection of the attachment order is found to pose a risk of recidivism.
2. Determination
A. In full view of all the circumstances, including the Defendant’s age, character and conduct, character and environment, motive, means and consequence of the instant crime, etc., even though it is not good for the Defendant to commit the instant crime, the Prosecutor’s allegation in this part is without merit, given that the Defendant’s punishment imposed by the lower court is too unjustifiable and unreasonable.
B. The lower court’s determination that dismissed the Defendant’s request for the attachment order of this case under the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, which stipulates that the request for the attachment order of this case shall be dismissed, is justifiable where the Defendant sentenced to a suspended sentence, as long as it is proper that the Defendant sentenced to a suspended sentence. Therefore, the Prosecutor’
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that it is without merit. It is so decided as per Disposition.