In addition, all appeals filed by a person subject to attachment order, a person subject to probation order and a prosecutor shall be dismissed.

A. The lower court’s sentencing is too unreasonable for the Defendant and the person to whom the attachment order was requested, and the person to whom the probation order was requested (hereinafter “Defendant”).

B. Prosecutor 1) The lower court’s sentencing on the grounds that it is too unjustifiable and unreasonable. 2) It is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case, despite the risk of recidivism.

2. Determination

A. The lower court dismissed the prosecutor’s claim regarding the case of the attachment order claim and accepted the prosecutor’s claim regarding the probation order claim.

With regard to this, the defendant filed an appeal against the accused case and the prosecutor against the case of the defendant case and the case of the attachment order.

On the other hand, as long as the defendant files an appeal against the accused case, it is deemed that he files an appeal against the request for probation order under Articles 21-8 and 9(8) of the Electronic Monitoring, etc. Act. Thus, the request for probation order is included in the subject of the judgment of the court.

B. Where there is no change in the sentencing conditions compared to the judgment of the court below on the accused case, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Circumstances asserted by the Defendant and the Prosecutor as an element of sentencing are already revealed in the proceedings of the lower court’s pleadings, or the lower court appears to have sufficiently taken into account in determining the Defendant’s punishment. There is no particular change in circumstances in the sentencing guidelines and the matters subject to the conditions of sentencing after the lower judgment was sentenced.

The court below's reasons for sentencing shall be the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, conditions of sentencing and the scope of recommended sentencing according to the sentencing guidelines, including the circumstances after the crime was committed.