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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 (one year of imprisonment) imposed by the Defendant and the respondent for the attachment order (hereinafter “defendant”) is too unreasonable.
B. Prosecutor 1) In light of the fact that the Defendant’s sentence imposed by the lower court in the part of the Defendant’s case is too unfasible and unreasonable, and that the Defendant’s attachment order risk is likely to repeat a crime, it is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case,
2. Determination
A. The part of the Defendant case committed the instant crime against a female under the age of 13 as a sexual crime against a female under the age of 13, which is an important time for the Defendant to form a sound sexual awareness, is very poor.
In addition, according to the sentencing guidelines of the Supreme Court enacted on March 16, 2012, the crime of this case constitutes "basic area of "Type 3" among "sex crimes under the age of 13" in the sentencing guidelines for sex crimes, and the scope of the sentencing guidelines is 4 to 7 years, and there is no special mitigation factors for the defendant, and the scope of the final sentencing of the defendant as a result of the increase of multiple crimes is 1/2/10 of the maximum limit of the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the minor under the age of 13) (the minor under the age of 13), so it is not determined that the sentence of the court below that sentenced four years of imprisonment, which is the lowest limit of the sentencing guidelines, is too unreasonable.
On the other hand, the defendant had no previous conviction in addition to two times of fine due to traffic crimes, and the defendant reflects his gender, and the defendant deposited 10 million won to the mother of the victim, and other facts revealed in the arguments of this case, such as the defendant's age, character and conduct, family environment, motive and circumstances of the crime, etc.