beta
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. The sentence of the lower court against the Defendant and the person who requested the attachment order (hereinafter “Defendant”) and the person who requested the attachment order (hereinafter “Defendant”), is too unreasonable.
B. Prosecutor 1) The sentence of the lower court’s sentence against the illegal Defendant is too uneasible and unfair.
2) It is unreasonable for the lower court to dismiss the request for attachment order even if the Defendant’s rejection of the request for attachment order is found to pose a risk of recidivism.
2. Determination
A. As to the wrongful argument of sentencing by the defendant and prosecutor, the fact that the defendant recognized all of the crimes of this case and reflects them, and that the defendant has no criminal records exceeding the same criminal records or fines, etc. are favorable to the defendant.
On the other hand, the crime of this case is committed by force by the defendant's indecent act, such as drinking 12 years old or older, and the victim's chest exposure photographs by threatening the victim to cellular phone transmission, etc. In light of the contents of the crime and the method of the crime, the crime of this case is very poor. The crime of this case appears to have suffered considerable mental shock and pain, but the victim and his family members did not receive a letter from the victim or their parents until now, etc. are disadvantageous to the defendant.
Considering the above circumstances and other factors of sentencing as indicated in the argument of the instant case such as the Defendant’s age, sex, family relationship, and circumstances after the crime, the lower court’s sentence against the Defendant was excessively heavy or unhued so as to have exceeded its discretion in sentencing.
It does not appear.
B. As to the wrongful argument that dismissed a request for attachment order, the phrase “risk of recommitting a sexual crime” under Article 5(1) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc. is insufficient solely on the possibility of recommitting a crime, and the person who requested the attachment order will in the future.