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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. The main point of the grounds for appeal is that the punishment (seven years of imprisonment) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.
2. Determination
A. Although the defendant does not have any circumstances to consider the defendant as to the defendant's confession of the crime of this case while the defendant committed the crime of this case, and there is no specific punishment other than the fine, the crime of this case is raped twice by the 9 years old female living together, and the nature of the crime is very heavy in light of the victim's appearance, the crime of this case is likely to be presumed to have suffered considerable mental or physical pain due to the crime of this case, the crime of this case can be presumed to have been committed by the victim and his parents, including the fact that the victim and his parents did not have been used from the victim or his parents, and other various sentencing conditions as shown in the arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, motive and circumstances after the crime, and the recommended sentencing guidelines established by the Sentencing Committee, etc., the court below's punishment is not determined to be too unreasonable.
Therefore, the defendant's above assertion is without merit.
B. As to the case for which the Defendant filed an appeal against the Defendant regarding the case for which the attachment order was requested, it is deemed that the Defendant filed an appeal against the case for the attachment order pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders. However, even if the Defendant did not submit any grounds for appeal regarding the attachment order case, the lower court did not ex officio investigate and reverse the part of the attachment order case.
3. In conclusion, the defendant's appeal is without merit, and thus, Article 364 (4) of the Criminal Procedure Act and the Act on the Electronic Monitoring of Specific Criminal Offenders.