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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 lower court’s sentencing (five years of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) to whom the attachment order was issued. 2) It is unreasonable to order the Defendant to attach a location tracking electronic device.
B. The lower court’s sentencing is too unjustifiable.
2. Ex officio determination
A. The defense counsel's defense counsel's assertion has submitted a ground for appeal and the deadline for submission of the grounds for appeal, to the effect that there was no criminal intent for rape in regard to paragraph (4) of the crime in the judgment below
B. The Defendant and the defense counsel of the lower court also asserted the same as above, and the lower court rejected the Defendant’s defense counsel and convicted all the charges on the grounds stated in its reasoning.
Examining the judgment of the court below in comparison with the records, it is just and acceptable, and there is no violation of law by misunderstanding facts, which affected the judgment.
Therefore, the above argument of mistake of facts cannot be accepted.
3. In light of the fact that the Defendant’s judgment on the assertion of unfair sentencing has repeatedly committed sexual harmful acts against the victim who is vulnerable to the Defendant’s wife and the crime for two years, the victim is suffering from serious psychological symptoms such as self-harm by the impulse, etc., and the parents of the victim also have a great mental suffering. In light of the fact that such circumstances appears to be difficult to cure in a short period, the Defendant may not be sentenced to heavy punishment.
However, before the victim's report and investigation on the crime of this case begins, the defendant voluntarily surrenders to the investigative agency before the victim's report and investigation is initiated, most of the crimes were committed, and his mistake is committed in depth, the act of quasi-rape during the crime of this case is committed, and there is no record of criminal punishment so far.