Defendant

In addition, all appeals filed by a person subject to attachment order, a person subject to probation order and a prosecutor shall be dismissed.

The court below sentenced the defendant and the person to whom the attachment order was requested, and the person to whom the probation order was requested (hereinafter referred to as the "defendant") to imprisonment with prison labor, dismissed the prosecutor's request for attachment order of an electronic tracking device, and accepted the request for probation order.

Accordingly, the defendant and the prosecutor filed an appeal against each prosecuted case.

In such a case, it is deemed that an appeal is filed with respect to a request for probation order and a request for attachment order under Articles 21-8 and 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. Therefore, each of the above requests shall also be included in the subject of review by this Court.

2. The gist of the grounds for appeal (e.g., 10 years of imprisonment) asserts that the Defendant is deemed to be unfair because the sentence of the lower court is too unreasonable, and the prosecutor asserts that the sentence is too uneased and unreasonable.

3. Determination

A. As to the part of the defendant's case, the court below denied each of the crimes of this case against the defendant, who committed indecent act by force against the victim, who is a child under the age of 13, and committed sexual intercourse by force against the victim, and committed the crime to meet his own sexual desire while neglecting his duty to protect the victim in a sound manner, although the defendant was responsible for protecting the victim as the guardian of the victim, and did so. The victim committed the crime to meet his own sexual desire. The victim did not notify his mother of the fact of the damage and did not cause any harm to the victim's life. The degree of the harm suffered by the victim remains a lifelong pain. Nevertheless, the defendant denied the crime by proving that the victim was sexual intercourse agreed with the victim in an investigative agency, and the defendant led to the confession of all of the crimes of this case, but it is doubtful that it is against his own mistake.