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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 imprisonment (three years of imprisonment) against the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.
B. Prosecutor 1) The lower court’s sentence against the Defendant in the part of the Defendant case is too unfasible and unreasonable. 2) The lower court’s dismissal of the Defendant’s request for attachment order of an electronic tracking device against the Defendant even though the risk of recidivism against sexual crimes in the part of the attachment order case
2. Determination
A. The instant crime of determining the allegation of unfair sentencing by the Defendant and the prosecutor committed an indecent act on 12 occasions against the victim, who is a father of the married wife, and the nature of the instant crime is not good, and the victim suffered considerable mental suffering therefrom, and the Defendant was sentenced to seven years of imprisonment due to the criminal facts committed by rape or indecent act of friendship before the instant case. Although the victim was not subject to the Defendant’s punishment upon cancellation of the complaint against the Defendant, it was true that the Defendant was able to use the Defendant.
In light of the Defendant’s age, character and behavior, environment, circumstances and consequence of the crime, degree of damage, circumstances after the crime, etc., the Defendant’s sentence imposed by the lower court is deemed to be adequate, too heavy or unreasonable, and thus, the Defendant’s assertion of unreasonable sentencing is without merit. In so doing, the lower court did not err by misapprehending the legal doctrine on the punishment of the Defendant and the prosecutor.
B. The lower court’s determination as to the prosecutor’s assertion regarding the prosecutor’s attachment order, with respect to whether the Defendant is likely to recommit a sexual crime, Article 5 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.