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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 sentencing of the lower court on the part of the Defendant case (the disclosure and notification of information for 10 years of imprisonment and 10 years of imprisonment, and the order to attach an electronic tracking device for 10 years of location) is too unreasonable.
B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device, even though it is not recognized that there is no risk of recommitting a sexual crime to the Defendant and the person requesting the attachment order (hereinafter “Defendant”) in part of the attachment order case.
2. Determination
A. The part of the defendant's case does not have the same criminal power for the defendant, the defendant is against his/her own mistake, and the defendant's health is not good, and there are favorable circumstances as argued in the grounds for appeal.
However, in full view of the following factors: (a) the instant crime was committed by the Defendant’s wife as an instrument to take the Defendant’s sexual desire for five years; (b) the crime was committed by anti-humans with sexual assault continuously; (c) the victim was in a state of mind that the victim could not recover throughout his life; (d) the victim was punished; and (e) the Defendant’s age, character and conduct, environment, circumstances of the instant crime; and (e) the situation after the commission of the crime, etc., the sentence imposed by the lower court against the Defendant is too unreasonable.
B. As seen earlier, the crime of this case, as seen in the part of the attachment order case, has been committed by the Defendant as a tool to take the victim, who is his married, for five years continuously, and there are no circumstances to consider the situation. In light of the overall assessment of various circumstances, such as the Defendant’s occupation and environment, the criminal conduct before and after the crime, motive, means, circumstances after the crime, etc., it is highly probable that the Defendant may injure the legal peace by again committing a sex crime in the future.