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Defendant
In addition, both the applicant for medical treatment and custody and the applicant for attachment order and the prosecutor's appeal are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (two years of imprisonment, the disclosure of information, and the notice three years of imprisonment) is too unreasonable.
B. Prosecutor 1) In light of the various sentencing conditions in the instant case, the lower court’s above sentence is too uneasible and unfair in light of the sentencing conditions in the instant case. 2) The Defendant in the attachment order case is a mentally-sexual handicapped person with a sonia, who is vulnerable to sexual crimes, and in view of the content and method of the instant crime against children under the age of 13, who are vulnerable to sexual crimes, and the same criminal power over two times, etc., it is highly likely to repeat the crime by causing such sonia, and there is a need to attach
Therefore, the judgment of the court below which dismissed the defendant's request for attachment order, is erroneous in the misapprehension of legal principles as to the risk of recidivism in the attachment order.
2. Determination
A. Examining the part of the defendant's case (the defendant and the prosecutor's assertion of unfair sentencing) and the various sentencing conditions in this case, each of the crimes in this case committed sexual harassment and indecent act against the victims of 8 to 10 years of age, and the nature of the crime seems not to be very high, and it appears that the victims of the child and their family members could have had a considerable mental impulse, and that the crime in this case may interfere with the normal emotional development of future victims. The defendant committed a similar crime against the children of 4 to 8 years of age before the crime in this case, and committed a similar crime (one suspended execution and one suspended sentence) more times, and each of the crimes in this case repeatedly committed despite the fact that he had a record of being sentenced to an order to attach an electronic device once, even though he had a record of being sentenced to an order to attach an electronic device.
On the other hand, the defendant is favorable to the defendant.