(C) Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Cases Concerning the Punishment, etc. of Sexual Crimes)

B) Violation of the Punishment of Violences, etc. Act (a group, deadly weapon)

Confinement)

(Joint) 2013 Jeonno32 (Joint Attachment Orders)

A person shall be appointed.

nan

Defendant and the respondent for attachment order

The term of prosecution (prosecutions) and the term of prosecution (public trial)

Attorney B (Korean National Assembly)

Changwon District Court Tong-won District Court Decision 2012Gohap270, 2012 Decided May 2, 2013

17 (Joint Judgment)

August 23, 2013

The appeal filed by the defendant and the respondent for an attachment order shall be dismissed.

1. Summary of grounds for appeal;

The sentence imposed by the first instance court on the defendant and the person to whom the attachment order was requested (hereinafter referred to as the defendant, only) is too unreasonable.

2. Determination

It is recognized that there is a favorable sentencing factor such as the fact that the defendant recognizes his criminal act against his own will, the fact that there is no record of criminal punishment and there is no record of committing sexual crimes, and the fact that he suffers from euthanasia, etc. in addition to the punishment twice by a fine for fraud in 2012.

However, the Defendant: (a) induced the disabled victim as the house of the Defendant to commit rape three times; and (b) detained the victim who intends to get his house into the house of the Defendant by threateninging him with a knife, which is a deadly weapon; (c) on March 12, 2012, the Changwon District Court rendered a decision to send him to a short-term juvenile reformatory as a violation of the Probation, etc. Act by the Changwon District Court on August 31, 2012, issued temporary release from the juvenile reformatory on temporary release from the juvenile reformatory on parole on August 31, 2012, and did not make efforts to improve his personality and behavior; and (d) there is a high possibility of criticism for the Defendant to commit the instant crime without making efforts to improve his personality and behavior; and (e) even if the victim suffered a serious mental or physical damage due to

Examining the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc. comprehensively, the sentence sentenced by the first instance court is deemed appropriate, and is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. Part on the case of request for attachment order

According to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, where a defendant files an appeal against the judgment on a specific crime case, an appeal is also filed against the judgment on the request for attachment order. However, even if the defendant did not submit legitimate grounds for appeal as to the request for attachment order, and even if examining the judgment of the first instance court, there is no reason to investigate and reverse this part ex officio.

4. Conclusion

Therefore, the appeal by the defendant 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, since all of the appeal by the defendant is without merit. It is so decided as per Disposition.

Justices Han Han-hoon,

Judges Lee Gyeong-tae

Judges Lee So-young