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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence (one-year imprisonment) imposed by the lower court on the Defendant and the respondent for the attachment order (hereinafter “Defendant”) is too unreasonable.
B. The court below ordered disclosure and notification of information about the defendant for seven years, but this is unfair because it is considerably unfavorable to the defendant and his family, such as hindering the defendant's female students to work as infant care teachers.
C. The lower court’s unjust assertion of the attachment order, etc., ordering the Defendant to attach an electronic tracking device for 10 years, and imposes an obligation to prohibit outing each day from 00:00 to 06:00 on the Defendant, may be an excessive restriction on the livelihood.
2. Determination
A. The crime of rape in the instant case was committed on the grounds of unfair sentencing, and the degree of injury was not much severe, and the Defendant was fully aware of each of the crimes in the instant case, and the Defendant appears to repent of the mistake. There are circumstances that can be considered in light of the circumstances, such as the fact that the victim did not want the punishment of the Defendant, and his family is leading the Defendant to the Defendant, by agreement with the victim of the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is the most serious crime among the crimes committed by the Defendant.
However, each of the instant crimes committed by the Defendant, while attempting to rape a female victim entering a female toilet, was inflicted an injury on the victim during the course of the crime, and committed indecent act by force on the part of other female victims boarding the elevator twice, and the nature and method of the crime are very serious in light of the circumstances and method of the crime.
Furthermore, in the Incheon District Court on August 10, 2007, the defendant is sentenced to two years of imprisonment due to the violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, robbery, etc.