The judgment below

The part of the defendant's case shall be reversed.

Defendant

A requester for an attachment order shall be punished by imprisonment with prison labor for three years.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the sentence of unfair sentencing (the suspension of the execution of two years and six months in imprisonment, and the order to attend sexual assault treatment lectures of 40 hours in 2 years and forty hours in prison) is too uneasible and unfair.

B. The judgment of the court below that dismissed the request for attachment order since the defendant and the requester for attachment order (hereinafter referred to as the "defendant") are found to be in danger of recidivism, which is improper to dismiss the request.

2. Determination

A. The Defendant’s assertion of unfair sentencing is recognized as favorable sentencing factors or objective and neutral sentencing factors, such as the confession of each of the crimes of this case, the Defendant has no particular criminal record except for the violation of the Road Traffic Act during the last ten years, the Defendant has agreed with the victim, and the Defendant has dependents, such as her mother and her child, etc.

However, each of the crimes of this case recognized by evidence, evidence law, and legal principles is also acknowledged as an unfavorable sentencing factor or objective and neutral sentencing factor, such as the following: (a) the Defendant’s wife, who was married three times throughout the first crime, was married to the victim’s wife who was over ten years of age at the time of the first crime; and (b) the victim’s body was sexual intercourse; (c) the nature of the crime is bad; and (d) the victim’s age appears to have suffered a large mental impulse; and (e) the victim’s age appears to require considerable time and effort to cure it.

The above elements of sentencing and sentencing criteria, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive and background leading to each of the crimes of this case, the means and consequence of the crimes, various circumstances revealed in pleadings, such as circumstances after the crimes, the statutory punishment of the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a limited term of not less than five years, a fine of not less than 30 million won but not more than 50 million won), the applicable sentences, and the sentencing cases of similar cases.