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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (such as imprisonment with prison labor for three years) is too unreasonable.
2. The lower court determined on the Defendant’s case: (a) the Defendant and the person to whom the attachment order was requested (hereinafter “the Defendant”), recognized the instant crime and reflects it; (b) the Defendant agreed with the victims; and (c) the Defendant appears to have caused the Defendant to commit any contingent indecent act during the commission of an attempted larceny, in favor of the Defendant; (b) however, the instant crime committed by the Defendant was attempted to larceny or larceny by intrusion upon another person’s room at night.
In consideration of the fact that there is a high risk of forced indecent conduct and that the defendant has been punished twice for sexual assault crimes, he/she sentenced the defendant to three years of imprisonment.
In full view of the above sentencing conditions and the above sentencing conditions, it seems that the mental damage suffered by the victim of the crime of indecent act was very serious, and the defendant's previous conviction was sentenced to a suspended sentence of two years and six months on September 30, 1994 and sentenced to five years on September 1997, and the robbery was sentenced to five years on September 19, 197, and various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, etc., the damage amount of the larceny of this case is relatively small, even though the defendant agreed with the victims in the court below, it is not recognized that the sentence of the court below against the defendant is unfair because it is too large even if the defendant had long been punished for a sexual crime.
Therefore, the defendant's improper argument in sentencing is without merit.
3. Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc. shall apply to a case in which the Defendant filed an appeal against the Defendant’s case.