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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. The gist of the grounds for appeal is that of the lower court’s punishment (five years of imprisonment, forfeiture No. 1, and disclosure and notification of information for ten years) is too unreasonable.
2. Determination
A. As to the part of the Defendant’s case, the fact that the Defendant recognized and reflected the instant crime, and appears to have committed the instant crime somewhat contingent due to symptoms such as alcohol addiction, etc., and the fact that the instant crime was committed in relation to the attempted crime is favorable to the Defendant.
On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant intending to commit the crime of this case possessing a knife knife knife and rape with the victim to another person around, and that the crime of this case was committed with heavy nature of the crime, and that the defendant again committed the crime of this case since it was sentenced to suspended sentence
In addition, in full view of the defendant's age, character and conduct, environment, family relationship, criminal record, motive and background of the crime, method and consequence of the crime, the circumstances after the crime, etc., it is not determined that the sentence imposed by the court below is too unreasonable.
Therefore, the defendant's assertion is without merit.
B. The judgment on the part of the request for attachment order is deemed to have filed an appeal regarding the request for attachment order in accordance with Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, unless the defendant files an appeal against the prosecuted case.
However, the defendant did not submit legitimate grounds for appeal regarding an attachment order, and even after examining the judgment of the court below, there is no ground for reversal after investigating this part ex officio. Thus, this part of the defendant's appeal is without merit.
3. In conclusion, the defendant's appeal is without merit, and thus, Article 364 (4) of the Criminal Procedure Act and the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.