Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The defendant and the respondent for an attachment order (hereinafter "defendant") 1) the defendant case (unfair sentencing) sentenced by the court below to the defendant (limited to 4 years of imprisonment) are too unreasonable.

2) The lower court’s improper attachment period of a location tracking electronic device was 10 years, which is excessively long-term.

B. The prosecutor (unfair sentencing)’s sentence imposed by the lower court against the Defendant is too unfasible and unfair.

2. Determination

A. The crime of this case committed by the Defendant is very bad to commit a crime of attempted rape of female passengers with disabilities while the Defendant was operating a taxi.

In particular, the Defendant committed the instant crime again even though he/she has been sentenced to imprisonment twice for the same kind of sexual assault crime.

As a result, the victim seems to have suffered a big mental impulse as well as sexual humiliation.

However, when the Defendant was in a serious trial, the Defendant is against all of the instant crimes.

The instant crime was committed in the course of attempted crimes.

As the defendant agreed with the victim, the injured person does not want the punishment of the defendant.

The defendant's old and female mother want the defendant's wife.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, and all other sentencing conditions as shown in the argument in this case, and the circumstances in which the lower limit of the applicable sentencing is three years and six months, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable as it is too low.

Therefore, this part of the argument by the defendant and the prosecutor cannot be accepted.

B. The lower court, based on the evidence duly adopted and examined, found that the Defendant committed a sexual crime and is likely to recommit a sexual crime.

In determining, Article 9 (1) 1 of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, Etc. shall apply.