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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. The sentence of imprisonment (one year and six months, etc.) imposed by the first instance court on the defendant and the person to whom the attachment order was requested (hereinafter “the defendant”), is too unreasonable.
2. The judgment of the defendant recognized the crime of this case and committed an indecent act in a way that he saw the victim as sparingly, prevented him from resisting against the victim, and then was committed an indecent act. The degree of indecent act is relatively heavy; the defendant's mental age is merely about 9 to 12 years old, and the intelligence index shows mental symptoms such as the fall of accident function due to intelligent low-water, the fall of impulse ability, the fall of impulse ability, and the fall of real judgment ability.
However, the Defendant committed a crime similar to the instant case on February 11, 201, and committed a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor, rape, etc. under the age of 13) in the Jinwon District Court’s Jinju branch on February 11, 201, sentenced to a suspended sentence of two years and six months, and in the present suspended sentence, the Defendant committed the instant crime, but, in addition, there was a very poor quality of committing the instant crime, and even if the victim was physically shocked due to the instant crime, there is also
In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence sentenced by the first instance court is deemed to be adequate, and is too unreasonable.
Therefore, the defendant's above assertion is without merit.
3. According to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, where a defendant files an appeal against the judgment on a specific crime case, an attachment order shall be issued.