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Defendant
In addition, both the appeal by the person requested to attach an attachment order and the appeal by the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentencing is too unreasonable for Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).
B. Prosecutor 1) The sentencing of the lower court is too unjustifiable and unreasonable. 2) The lower court’s dismissal of the request for the attachment order of this case against the Defendant, despite the risk of recidivism of sexual crimes, is unreasonable.
2. Determination
A. The crime of this case on the assertion of unfair sentencing by the Defendant and the prosecutor is a crime of this case where: (a) the Defendant laid sand from the road to the victim’s house and assaulted the victim’s house; (b) intruded the victim’s house beyond the victim’s house wall; and (c) found the victim’s wall to have his sexual organ collected and stored his sexual organ in a space between the crime and the crime of this case; and (d) invaded the victim’s house on two occasions, such as committing an indecent act on the part of the victim’s bridge; (b) going beyond the victim’s wall and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, etc.
However, all of the instant crimes have been led to the instant crime by combining mental problems, such as the confession of the Defendant from the investigative agency, the fact that the Defendant committed the instant crime by compulsion, and the Defendant’s shock disorder, etc., which led to the instant crime. Each of the instant crimes is related to the crime of attempted indecent act by compulsion against which the judgment became final and conclusive and the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act, and should take into account the case and equity with which the judgment should be concurrently rendered under Article 39(1) of the Criminal Act. The Defendant is still serving in the prison term of imprisonment with prison labor
In comparison with the court below, there is no change in the conditions of sentencing, and the court below's sentencing exceeded the reasonable scope of discretion.