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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 punishment of the lower court (five years of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).
B. It is unreasonable for the court below to dismiss the Defendant’s request for the attachment order of this case, despite the high risk of recidivism of sexual crimes, in full view of the Defendant’s indecent act subject to and period of the instant indecent act, methods and degree of indecent act, investigation results before the probation office’s request against the Defendant, and future
2. Determination
A. As to the Defendant’s assertion of unfair sentencing, it is recognized that both the Defendant was aware of the Defendant’s crime, and that the Defendant’s mistake was divided in depth, and that there was no record of punishment for sexual crimes
However, the crime of this case committed an indecent act on the part of a woman living together with the victim for 2 years. The defendant's assertion is without merit, in full view of the defendant's age, character, occupation, occupation, environment, motive and circumstance of the crime, consequence, relationship with the victim and his family members, etc., as well as the various sentencing factors indicated in the records of this case, including the defendant's age, character, occupation, occupation, environment, motive and circumstance of the crime, circumstance before and after the crime, the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court's sentencing committee, etc., since the court below's punishment is determined to be within the scope of appropriate balancing range corresponding to the defendant's responsibility, the defendant's assertion is without merit.
B. As to the prosecutor’s assertion on the rejection of the attachment order, the “risk of recommitting a sexual crime”, which is a requirement for the attachment of an electronic device, is insufficient to simply repeat the crime, and is highly probable that the person subject to the request for the attachment order, commits a sexual crime again in the future.