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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 of the lower court on the part of the Defendant’s case (e.g., the form of punishment) is too unreasonable.
B. It is unreasonable for the lower court to order the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) to attach an electronic tracking device, even though there is no risk of recidivism and recidivism of sexual crimes.
2. Determination
A. The Defendant’s judgment on the part of the Defendant’s case is recognized as having undergone a 3rd disability diagnosis of intellectual disability due to brain damage caused by the occurrence of a traffic accident in question around May 2009. However, the Defendant’s crime of this case is highly poor and highly likely to be criticized in light of the contents of the crime, such as: (a) the Defendant’s act of committing the instant crime during the short period of five months from August 2012 to January 2013, by threatening the Defendant’s age, i.e., cement, family environment, motive and circumstances of the instant crime, the motive and method of the instant crime, and the circumstances before and after the instant crime were committed, by taking advantage of the following facts: (b) the Defendant’s attempt to commit rape against the Defendant; (c) the victims of sexual crimes want to have severe punishment against the Defendant; and (d) the Defendant committed the instant crime during the short period of five months from around January 2013; and (c) the Defendant’s motive and method of the instant crime; and (d) the Defendant’s argument are unreasonable.
B. The lower court’s determination on the part of the attachment order case is based on the evidence duly adopted and examined by the lower court and the following circumstances acknowledged by the statement in the claim pre-trial investigation report. In other words, the Defendant committed sexual assault against the victim under the age of 12 who was not established with sexual values, including attempted rape and similar acts, and committed several indecent acts against the victims under the age of 13.