beta
Text
The prosecutor's appeal is dismissed.
Reasons
In light of the main sentence conditions in this case, the sentence imposed by the court below on the defendant and the person who requested to attach an attachment order (hereinafter referred to as "defendant") (the completion of a sexual assault treatment program for 8 months and 80 hours) is too uneasible and unfair.
It is unreasonable for the court below to dismiss the prosecutor's request for an order to observe the protection of this case even though it is dangerous to repeat sexual crimes against the defendant in the part of request for
Judgment
Examining the various sentencing conditions in the case of the Defendant, the crime of this case was committed by the Defendant in a city bus.
In light of the motive and place of the crime, the interview with the manual, the victim's age, the relationship between the defendant and the victim, etc., the victim's act has caused considerable sexual humiliation, but the victim did not receive a letter from the injured party up to the trial, and even if there was a little detection of female body in the bus over 3 times in the past, it is disadvantageous to the defendant. The fact that the victim committed the crime of this case in the same kind of time is committed against the defendant, such as the motive and place of the crime, the interview with the victim, the victim's age, and the relationship between the victim and the victim.
On the other hand, the fact that the Defendant appears to recognize and reflect the crime of this case, and that it shows the intent to prevent recidivism, such as receiving a mental and medical treatment after the occurrence of this case, and that there is no criminal history, and that there is clear social relationship in light of family relationship and workplace, etc., are favorable to the Defendant.
As above, the records and records of this case, such as the defendant's age, sex, criminal conduct and environment, family relationship, motive and background of the crime, method of the crime, circumstances before and after the crime, etc., are different from the sentencing factors unfavorable to or favorable to the defendant.