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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence of the lower court (the imprisonment of 10 years, the order to complete a sexual assault treatment program with 80 hours or more, and the order to attach an electronic tracking device) is too unreasonable.
In light of all the circumstances, it is not necessary to impose the location tracking electronic device attachment order and matters to be observed on the person who requested the attachment order, and there is no risk of recidivism.
2. In full view of the factors and sentencing guidelines as indicated in the sentencing review process of the lower court’s determination, the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion, where the Defendant’s primary sentencing factor is deemed to have exceeded the bounds of its discretion, by comprehensively taking into account the following factors: (a) the reflectivity, continuity, and variable of the instant crime; (b) the victim’s sexual humiliation and mental impulse; and (c) the victim’s reflector and criminal history.
In light of relevant evidence, pleading, and legal reasoning, the judgment of the court below is just and there are no errors such as misconception of facts and misapprehension of legal principles, etc., as it is clearly stated that the victim did not have any idea to use the defendant. Thus, the court below accepted the request for an attachment order for ten years and imposed the matters to be observed. In light of relevant evidence, pleading, and legal reasoning, the court below did not have any errors such as misconception of facts and misunderstanding of legal principles.
3. According to the conclusion, the appeal filed by the Defendant and the requester for the attachment order is dismissed (Article 364(4) of the Criminal Procedure Act, Article 364(4) of the Protection and Observation of Specific Criminal Offenders Act, and Article 35 of the Electronic Monitoring Act).