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The prosecutor's appeal is dismissed.
Reasons
1. In light of the summary of the grounds for appeal (unfair) and the content of the offense, the relationship between the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), and the victim, the frequency and duration of the offense, etc., the sentence of the lower court (seven years of imprisonment) and the order to attach an electronic tracking device for the ten-year location (one-year location tracking device) is deemed to be too minor or unfair
2. Determination:
A. In the part of the Defendant case, the Defendant’s crime of this case was committed by force several times from the time when the Defendant’s son and son and son became the age of 13 until the age of 13. In light of the fact that the degree of indecent act is not easy and the victim seems to have suffered considerable mental shock, the nature of the crime is serious and the possibility of criticism is high.
However, on the other hand, the defendant's mistake is recognized and depth is divided, and there is no record of other criminal punishment except that sentenced to a fine once for a crime of double-class, the victim has grown and expressed his intention of refusal explicitly, and thereafter the crime has been suspended without continuing to be committed, the court below's punishment seems to be appropriate in light of various sentencing conditions in the records, such as the defendant's age, character and conduct, family environment, motive and circumstance of the crime, motive and circumstance of the crime, means and consequence of the crime, circumstance after the crime, etc., and the circumstances after the crime, etc., and thus, the prosecutor's allegation of unfair sentencing is without merit.
B. In light of the above overall circumstances, the order to attach an electronic tracking device, as determined by the court below, appears to be appropriate for the defendant, and there is no reason to investigate and reverse this part ex officio.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and Article 364 (4) of the Criminal Procedure Act.