The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for ten years.

The defendant is 200 hours.

Summary of Grounds for Appeal

Defendant

In light of the background leading up to the instant crime, etc., the person against whom the attachment order was requested (hereinafter referred to as the “defendants”). In addition, in light of the background leading up to the Defendant, the sentence imposed by the lower court (12 years of imprisonment) is too unreasonable.

In light of the content of the instant crime, etc., the lower court, which dismissed the Defendant’s request to attach an attachment order, despite the recognition of the risk of recommitting a sexual crime, was unlawful.

Judgment

The crime of this case in the part of the defendant's case (the defendant's appeal) is that the defendant had sexual intercourse with the victim by threatening the victim continuously for two years and six months, and there are circumstances such as not only the crime's quality is bad, but also the victim has suffered mental suffering which is difficult to detect due to the crime of this case.

However, in full view of the following factors: (a) the Defendant recognized all of the instant crimes, and took into account the fact that there is no record of criminal punishment for the same kind of crime; and (b) other various sentencing conditions such as the character, conduct, environment, family relationship, motive of the crime and the circumstances after the crime, the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

The phrase “risk of recommitting a sexual crime” under Article 5(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders is insufficient enough to repeat the crime. The risk of re-offending an attachment order refers to a considerable probability that the person subject to the request for the attachment order would de facto commit a sexual crime again in the future. The existence of the risk of re-offending an attachment order refers to the occupation and environment of the person subject to the request for the attachment order, the motive and means of the crime, the circumstances after the crime, and circumstances after the crime.