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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 sentenced by the first instance court to the defendant and the person subject to the request for the attachment order (hereinafter “defendants”) (one year and six months of imprisonment) is too unreasonable.
B. The attachment order of an electronic tracking device (five years, and matters to be observed) issued by the first instance court cannot order the accused to attach the above electronic device because of the risk of recidivism of a sexual crime, and even if the risk of recidivism of a domestic crime exists, the period of the above attachment order is too excessive and unfair.
2. Determination
A. As to the assertion on unfair sentencing, there are more favorable factors for sentencing such as the Defendant’s recognition of a crime and reflects on his own, suffering from urology and alcohol livers in the aged’s age, the degree of indecent act and the degree of violence are relatively heavy, and the crime of indecent act by compulsion appears to have been committed contingently while drinking alcohol at the time.
However, even though the indecent act of this case was committed by the indecent act of this case, it was not yet prepared by the victim E, and on May 22, 1974, the defendant was sentenced to imprisonment with prison labor for a minor's attempted rape at the Busan District Court's Busan District Court's branch on November 16, 193, and one year and six months of imprisonment with prison labor for a minor's constructive indecent act of indecent act of this case at the Changwon District Court's Changwon District Court's Changwon District Court's Changwon on December 13, 2005, and there was a history of being sentenced to one year and six months of imprisonment for a minor's attempted indecent act of this case. The defendant committed an indecent act against the victim under the age similar to the above crimes prior to the indecent act of this case, and the defendant was found to have committed an indecent act of this case on September 24, 209 to be punished for larceny at the Changwon District Court's branch on September 24, 2009.
The above factors of sentencing, the age, character and conduct, intelligence and environment of the defendant, and the motive and background leading to the instant crime, and the crime.