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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. The summary of the grounds for appeal [the defendant and the person to whom the attachment order was requested (hereinafter referred to as the “defendants”)]
[] The sentence of the lower court (ten years of imprisonment, ten years of disclosure and notification order, and ten years of attachment order of an electronic tracking device) is too unreasonable.
2. Determination
A. The judgment on the defendant's case is favorable to the defendant, such as the fact that the defendant committed each of the crimes of this case and divided his mistake, that the defendant agreed with the victims, that the pregnant wife is the prior wife, that the defendant was sentenced one time to a fine due to the Road Traffic Act (hereinafter referred to as the "Road Traffic Act") and that there was no other criminal records.
However, each of the crimes of this case is raped by the victims who had been going to the heart or new wall by leading them to a rare place in light of the background, method, risk, etc. of the crime, one of the victims was a juvenile under the age of 16 at the time, and the victims seems to have suffered a considerable sexual humiliation, physical or mental pain due to each of the crimes of this case, and other factors of sentencing specified in the arguments of this case, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it is not deemed unfair since the court below's punishment is too excessive.
Therefore, the defendant's assertion is without merit.
B. As long as the defendant filed an appeal regarding the case of the attachment order, it is deemed that the appeal regarding the case of the attachment order is filed in accordance with Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.
However, the defendant did not submit legitimate grounds for appeal regarding the attachment order case, and there is no reason to investigate and reverse this part ex officio.
3. As such, the defendant's appeal is without merit, and Article 364 (4) of the Criminal Procedure Act is not reasonable.