Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

1. The summary of the grounds for appeal (e.g., both types of punishment) and the person against whom the attachment order is requested (hereinafter “defendants”) asserts that the sentencing of the lower court is too unreasonable, and the prosecutor asserts that the sentencing of the lower court is too unreasonable.

2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Circumstances asserted by the Defendant and the Prosecutor as an element of sentencing are already revealed in the proceedings of the lower court’s pleadings, or the lower court appears to have sufficiently taken into account in determining the Defendant’s punishment. There is no particular change in circumstances in the sentencing guidelines and the matters subject to the conditions of sentencing after the lower judgment was sentenced.

Considering the circumstances that the lower court rendered on the grounds of sentencing comprehensively taking into account the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc., the lower court’s sentencing is too heavy or unreasonable, even in light of the circumstances where both parties are in the grounds of appeal as the grounds of appeal.

The defendant and prosecutor's assertion are without merit.

3. If the part of the case for which the request for attachment order is filed, the prosecutor shall be deemed to have filed an appeal regarding the case for which the request for attachment order is filed pursuant to Article 9 (8) of the Act on the Electronic Monitoring, etc. of

However, the prosecutor did not submit legitimate grounds for appeal regarding the application for attachment order, and even after examining the record, there is no ground for ex officio investigation on this part.

4. The appeal filed by the defendant and the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act and Article 35 of the Act on the Electronic Monitoring, etc.