1. According to the records of the Defendant case, the Defendant and the person requesting an attachment order (hereinafter “Defendant”) appealed against the judgment of the first instance, and asserted only unfair sentencing and mental and physical disorder on the grounds of the appeal.

Therefore, the lower court asserted that there was an error of law by misunderstanding of facts as to the criminal intent of rape or by misunderstanding of legal principles as to the crime of injury on rape, and that the police prepared a protocol by committing cruel acts, such as beating and threatening, against the Defendant

The argument that the defendant affixed the protocol to the court of final appeal without knowing the contents of the protocol is all the grounds for appeal, or that the court below's decision was not subject to an ex officio decision, and it cannot be a legitimate ground for final appeal.

On the other hand, the lower court rejected Defendant’s assertion on mental and physical disability for reasons indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by misapprehending the facts regarding mental disorder or failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

In addition, examining the following circumstances, including the Defendant’s age and behavior intelligence and environment, relationship with the victim, motive, means, and consequence of the crime, and the circumstances after the crime, and the sentencing conditions specified in the records, it cannot be deemed that the lower court’s sentencing determination of the sentence, which maintained the first instance judgment that sentenced the Defendant to ten years’ imprisonment, is extremely unfair even when considering the circumstances asserted by the Defendant and the public defender.

Therefore, we cannot accept the allegation in the grounds of appeal that the lower court’s punishment is too unreasonable.

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case involved, the case shall also be applied.