Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

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

B. The lower court’s sentencing is too uncomfortable.

2. Where there is no change in sentencing conditions compared to the judgment of the court below on the part of the defendant 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 were already revealed in the hearing process of the lower court. 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.

In full view of the circumstances indicated by the lower court as the grounds for sentencing, comprehensively taking into account the Defendant’s age, character and conduct, motive, means and consequence of the commission of the crime, and all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the commission of the crime, the lower court’s sentencing is too heavy or unreasonable, as it was conducted within the reasonable scope of discretion.

The defendant and prosecutor's argument in this part are without merit.

3. The determination of the part of the case for which the request for attachment order was filed is deemed to have filed an appeal regarding the case for which the request for attachment order was filed pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders. However, the prosecutor did not submit legitimate grounds for appeal regarding the case for which the request for attachment order was filed and does not find grounds for ex officio examination even after examining the record.

4. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders.