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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. In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (five years of imprisonment, the disclosure of information and notification 10 years) is too unreasonable.
B. The period of attachment of an electronic tracking device (10 years) ordered by the court below for the attachment order case is too long and unfair.
2. Determination
A. Examining the various sentencing conditions of the Defendant case in the instant case, there are favorable circumstances for the Defendant, such as the fact that the Defendant and the respondent for an attachment order (hereinafter “Defendant”) committed the instant crime as a substitute for all the instant crimes, and the Defendant appears to reflect her mistake in depth, and that it does not seem to have inflicted serious physical pain on the victim during each of the instant crimes.
However, each of the crimes of this case is rape by inducing the victim with the knowledge that the victim cannot properly defend himself due to mental disorder. In light of the background, method, etc. of the crime, each of the crimes of this case appears to have suffered considerable sexual humiliation and mental pain, and even though the victim seems to have been suffering from considerable sexual humiliation and mental pain due to each of the crimes of this case, the defendant is punished by larceny, etc., and the defendant is punished by imprisonment with prison labor and has committed each of the crimes of this case even though he had the record of being subject to punishment twice or more due to sexual crimes before the crime of this case, and the court below sentenced five years to imprisonment with prison labor, which is lower than the lower limit of the recommended punishment (six years or more) set in the sentencing guidelines, and considering all of the factors indicated in the arguments of this case, such as the defendant's age, character, conduct, environment, family relationship, etc., the court below sentenced the defendant to a punishment.