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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 sentence (1) imposed by the lower court on the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) (ten months of imprisonment, three years of suspended execution, three years of probation, 40 hours of sexual assault treatment, 40 hours of alcohol treatment, and 3 years of disclosure of information) is too unreasonable.
(2) The lower judgment ordering the Defendant to attach an electronic tracking device even if the risk of recidivism of a sexual crime is not high, is unreasonable, taking into account the fact that the Defendant works as a current tree, that the Defendant is highly likely to receive alcohol treatment and treatment, and that there is a relation with his family, etc.
B. A prosecutor (1) The sentence imposed by the court below on the defendant in the part of the defendant's case (e.g., e., e., e.
(2) In light of the criminal records of the Defendant’s criminal punishment and the fact that the request for attachment order is not agreed with the victim, the period of attachment of the location tracking device ordered by the court below is too short and unfair.
2. Determination:
A. We examine both the Defendant and the prosecutor’s argument on unreasonable sentencing.
In light of the fact that the Defendant, while under the influence of alcohol, committed an indecent act by force by force, and committed an obscene act in the city bus, the crime’s nature is not less than that of the victim, the Defendant did not agree with the victim, and the Defendant had a record of being fined twice for the same crime, there is a need for a strict punishment corresponding to the Defendant’s liability.
However, on the other hand, the defendant led to the confession of the crime of this case, and his mistake is deeply divided, the defendant has no record of being sentenced to the suspension of qualification or heavier punishment before, and the defendant continues to drink in the future.