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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below (five years of imprisonment, confiscation) is unfair.
B. As the Defendant and the respondent for an attachment order (hereinafter “Defendant”) are likely to recommit a sexual crime, an order to attach an electronic device must be issued.
2. Determination
A. As to the instant case, the Defendant’s crime of the instant case was committed by intimidation, which is a deadly weapon, and was committed by force against one of the victims, and the nature of the crime was serious. In light of the fact that the victims appear to have undergone considerable mental and physical shock, and that the victims did not completely recover from their damage, it is necessary to punish the Defendant strictly.
In light of the fact that the defendant's mistake is against the defendant, the degree of indecent act by compulsion of the defendant is relatively excessive, the defendant has no record of criminal punishment prior to the crime of this case, and other circumstances after the crime, etc., the punishment imposed by the court below against the defendant is deemed appropriate, and it is not recognized that the punishment imposed by the court below is too heavy or unreasonable.
Therefore, the defendant and prosecutor's argument of unreasonable sentencing is without merit.
(On the other hand, the defense counsel asserts that at the time of the crime of this case, the defendant was in a state of mental and physical disability due to a breameral injury caused by a breameral disease, and the record reveals that the court below rejected this part of the claim on the grounds as stated
The risk of recommitting a sexual crime under Article 5 (1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders for whom a request for attachment order is made is insufficient to repeat the crime, and the person who has the request for attachment order is further filed in the future.