The defendant's appeal is dismissed.

1. The first instance court’s scope of trial was dismissed on the ground that it is difficult to view that the Defendant’s request to attach an attachment order by a prosecutor is likely to recommit a sexual crime, on the following grounds: (a) the first instance court found the victim to have committed indecent act by force once; and (b) found the Defendant guilty of committing rape on nine occasions.

On this ground, only the defendant appealed the judgment of the court of first instance on the ground of unfair sentencing, and the part concerning the request for attachment order in the judgment of first instance does not have interest in

(See Supreme Court Decision 82Do2476 delivered on December 14, 1982). Therefore, notwithstanding Article 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part requesting an attachment order is excluded from the scope of the trial of this court. Thus, the scope of the trial of this court is limited to the remainder except the part requesting an attachment order among the judgment of the court of first instance.

2. The punishment sentenced by the first instance court to the accused (five years of imprisonment, etc.) shall be too unreasonable; and

3. Determination factors are recognized as favorable sentencing factors such as the defendant's perception of all of his criminal acts and attitude against his own will, there has been no history of punishment so far, and the victim's side does not want the punishment.

However, it is also recognized that the Defendant committed an indecent act against the victim who is agedly in a special relationship with another person and committed rape in nine times, and that the nature and circumstances of the crime are very poor and worn down, and that the victim suffering from mental pain and substantially impedes the formation of a sound sexual concept.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, the sentence of the first instance court is sentenced.