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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 lower court’s sentencing is too unreasonable.
B. It is unreasonable for the court below to order the defendant to attach an electronic tracking device for 20 years, although the defendant and the respondent for the attachment order (hereinafter the defendant) were not likely to repeat a sexual crime.
2. Determination
A. It is recognized that the defendant's mistake in his/her judgment on the assertion of unfair sentencing is divided.
However, the defendant committed the crime of this case again even if he had been tried for the same kind of crime, and the crime of this case committed the crime of this case was committed by the defendant by intrusion upon the structure of the victim D with his fingers under the age of 13 by assault, and the crime of this case was committed by the victim H with injury, and the quality of the crime is not good. The crime of this case was committed by the victim D with considerable mental suffering and suffering from the crime of this case, such as violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Residence). The defendant did not agree with the victims until the trial, and the defendant did not agree with the victims until the trial, and other conditions of sentencing specified in the argument of this case such as the defendant's age, character, character and environment, motive, means and consequence after the crime are considered to be too unfair. Thus, this part of the defendant's assertion is without merit.
B. The risk of recidivism of a sexual crime under Article 5(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”) means that the possibility of recidivism is insufficient solely on the possibility of recidivism and that it is highly probable for a person subject to a request to attach an electronic device to destroy legal peace by committing a sexual crime again in the future. The risk of recidivism of a sexual crime is determined as to whether the person subject to a request to attach an electronic device is likely to pose a risk of recidivism of a sexual crime.