Text
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In the absence of the need to disclose and notify the Defendant of the information on the grounds that the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) imposed by the lower court on the Defendant is too unreasonable (two years and six months of imprisonment) on the Defendant’s imprisonment. 2) In the absence of a criminal record of sexual assault and the illegal Defendant’s disclosure and notification, and there is no need to disclose and notify the information on the Defendant, such as the Defendant did not have any criminal record
B. Prosecutor 1) The sentence imposed by the lower court on the Defendant is too unfasible and unreasonable. 2) Inasmuch as the Defendant’s dismissal of the request for attachment order is the risk of recidivism of sexual crimes, it is unreasonable for the lower court to dismiss the request for attachment order.
2. Determination
A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant recognized the instant crime and reflects his mistake in depth, and the Defendant did not have a criminal record and did not have any past record of criminal punishment for sexual crimes, etc. are favorable to the Defendant.
On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant was able to sleep at a soup bank that many and unspecified persons had access, but only seven years of age, and that he was able to do so by inserting her hand and her her butt and her part, and that the nature of the crime was very poor, and that the victim who did not properly form his sexual identity seems to have been her considerable mental shock, and that the victim was punished against the defendant.
In addition, the defendant's age, criminal records, character and conduct, environment, family relations, motive and circumstances after the crime, etc., and the scope of recommended sentences according to the sentencing guidelines of the Supreme Court Sentencing Commission (determination of type) shall be determined by the recommended range of types of sexual crimes under the age of 13.