Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order (1) The lower court and the respondent for an attachment order (hereinafter “Defendant”) are the Defendant and the respondent for an attachment order.

The sentence imposed on the defendant (one year of imprisonment and three years of suspended execution) is too unreasonable. 2) In full view of the following: (a) the order to attend a lecture, the order to disclose or notify false facts by the defendant; (b) the victim does not want the punishment by agreement with the victim; (c) the defendant is under mental treatment due to polar disorder; (d) the defendant's family relationship; and (e) the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure or notification order, there are special circumstances that need not disclose or notify the defendant's personal information.

In addition, the order to attend the course of 120 hours imposed by the court below is too unreasonable.

B. A prosecutor is recognized to have a record of three criminal punishment for sexual crimes, such as rape, bodily injury resulting from rape, and indecent act by compulsion. In light of the attitude of the instant crime, etc., a prosecutor is likely to recommit a sexual crime.

Therefore, the lower court’s dismissal of the instant request for attachment order is unlawful.

2. Determination

A. As to the Defendant’s assertion of unfair sentencing, there are circumstances that may be considered as positive sentencing factors, such as the Defendant’s assertion of unfair sentencing, such as the fact that he was under mental and medical treatment due to polar disorder, etc. at the time of the instant crime, the Defendant divided his mistake after committing the instant crime, and expressed the Defendant’s intent that the Defendant does not want the Defendant’s punishment by seeking a letter from the victim.

However, the instant crime committed by the Defendant was committed by indecent act by force over about 40 minutes on the train, and the degree of such indecent act is not less exceptionally, and the Defendant’s speech and behavior in the process of committing the crime led to a very serious mental suffering, such as sexual humiliation.