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Defendant
In addition, all appeals by the claimant for the order to observe the protection are dismissed.
Reasons
The lower court rendered a judgment against the Defendant and the requester for the observation order (hereinafter “Defendant”) regarding the part of the case regarding which the Defendant was found guilty and the part regarding which the request for the observation order was filed, but the lower court rendered a judgment dismissing the prosecutor’s request regarding the part regarding which the request for the attachment order was filed.
Notwithstanding Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., this part is excluded from the scope of the trial of this Court, as there is no benefit in appeal as to the part of the claim for attachment order, since only the defendant appealed.
The decision of the court below on the grounds of appeal (four years of imprisonment) is too unreasonable.
Judgment
The part of the case of the defendant is that the defendant recognized all of the crimes of this case, and the mistake is divided, and the crime of rape is committed in relation to the attempted crimes of this case, which are favorable to the defendant.
On the other hand, each of the crimes of this case committed each of the crimes of this case, when the defendant drinks with the victim's J and branch, and was placed with the above victim, the victim was forced to have sexual intercourse with the above victim, and the victim committed the above victim's unlawful use of the above victim's vehicle without the consent of the victim's F, driving the above victim's vehicle without the driver's license in the course of escape, and forcing the defendant to commit three-time indecent acts when the defendant was detained in the detention house prior to each of the above crimes, in light of the contents, circumstances, and frequency of the crime, etc., the criminal liability is very heavy; the defendant had a history of criminal punishment several times; the defendant was sentenced to imprisonment with prison labor on October 16, 2014 by the Incheon District Court, and the execution of the sentence on August 23, 2015 by larceny, etc.