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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Part of the defendant's case
A. The summary of the grounds for appeal is 1) The punishment imposed by the court below (one year of imprisonment, one knife confiscation, and 80 hours of completion of a sexual assault treatment program) in light of the various sentencing conditions in the instant case by the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) (hereinafter “Defendant”) is too unreasonable. 2) In light of the various sentencing conditions in the instant case by the prosecutor, the above punishment imposed by the court below is too unreasonable.
B. Examining the various sentencing conditions in the instant case, the sentencing factors against the Defendant are the sentencing factors that are disadvantageous to the Defendant. The instant crime is committed by the Defendant intending to rape by threatening the victim under the age of 14, who is her father and female’s father, with a knife, and the victim’s birth was reported to the police and committed the attempted crime. In light of the method and background of the crime, the victim’s age, and the relationship with the victim, etc., the nature and circumstances are very poor. The crime of this case appears to have been committed by the juvenile, and the victim is likely to have received a considerable sexual humiliation and mental impulse. Nevertheless, the Defendant did not receive a letter from the victim, and the victim and his mother wanted to take a retaliation against the Defendant, etc. up to the trial.
On the other hand, the sentencing factors favorable to the defendant show that the defendant committed the crime of this case in substitution for the crime of this case, and there is no history that the defendant was subject to criminal punishment for the same sexual crime of the same kind, the crime of this case is committed in attempted crime, and the defendant claims that the defendant is the cause of compensation for damages, and the victim claims that the father of the defendant is the return of the loan. However, after the crime of this case, H, the father of the defendant, paid 4 million won to the mother of the victim, and paid 2 million won as additional compensation for damages in the trial.
. The above.