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Defendant
In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant and the person requesting an attachment order (hereinafter “Defendant”)
The sentence of the lower court (four years of imprisonment, 120 hours of order to complete a sexual assault treatment program) is too unreasonable.
B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.
B) Considering the attitude of the Defendant’s act to be exempted from disclosure notification order and the nature of the crime, etc., the disadvantage and side effect of the Defendant due to disclosure notification order cannot be less likely than the profit and preventive effect expected from disclosure notification order. Therefore, it is unreasonable for the lower court to exempt the Defendant from disclosure notification order.
2) The lower court’s dismissal of the Defendant’s request for attachment order of an electronic device is unreasonable.
2. Determination
A. The lower court found that the Defendant recognized the instant crime and against the Defendant, and sentenced the Defendant to a four-year imprisonment in consideration of the fact that the Defendant did not have any other means of punishment in addition to the punishment of one-time fine due to the crime committed against the Defendant. However, the instant crime committed an indecent act and assault against the victim who is a minor, on several occasions, the Defendant, who must protect his father/child, committed an indecent act and assault against the victim who is a minor. The degree of indecent act or assault is bad, and the victim seems to have suffered considerable sense of shame and mental pain due to the instant crime, and that the Defendant was not able to use the victim.
In full view of the above sentencing conditions and four-year imprisonment imposed by the court below, the following factors: (a) the Defendant’s wife alone supports her children; and (b) the Defendant’s age, sex, environment, etc., the sentencing conditions under Article 51 of the Criminal Act.