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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. The court below found the defendant and the respondent for the attachment order (hereinafter referred to as the "defendant") guilty of attempted rape even though they did not intend to rape the victim at the time of the instant case and did not have any physical force, such as intimidation of the victim or forced physical contact, even though they did not have any intent to assault the victim at the time of the instant case.
B. The sentence imposed by the lower court on the Defendant (two years of imprisonment, 40 hours of order to complete a sexual assault treatment program, 5 years of information disclosure and notification, 5 years of order to attach an electronic tracking device, etc.) is too unreasonable.
2. Determination
A. Of the facts charged in the instant case, the purport of the relevant party member’s trial scope is that “the Defendant committed theft with one bank and one cellular phone equivalent to KRW 40,000,000,00 in the market value of the victim G owned by the Defendant, which was located in the Defendant’s Otoba located in the J-si, Sinjin-si around September 26, 2012,” among the facts charged in the instant case, the lower court found the Defendant not guilty under the latter part of Article 25 of the Criminal Procedure Act on the ground that: (a) taking the victim’s bank and cellular phone from the Defendant’s Otoba in an imminent situation where the Defendant could have been arrested in the act of attempted rape, etc.; (b) taking the victim’s bank and cell phone from the Obabag-si; and (c) taking the victim’s bank and cell phone from the Obag-si to the Defendant, there is no other evidence to acknowledge the Defendant’s unlawful acquisition of Gabag and mobile phone.
However, since the appeal against the larceny was not filed by the public prosecutor, the part of the judgment below which was acquitted is determined as having been exceeded the scope of the party members' trial.