The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for a maximum term of four years and a short term of three years and six months.

1. The lower court rendered a judgment that dismissed the prosecutor’s request regarding the part of the Defendant’s case and the part of the attachment order case, and only the Defendant appealed therefrom, there is no benefit of appeal regarding the part of the Defendant’s attachment order case.

I would like to say.

Therefore, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, the legal fiction of appeal, does not apply (see, e.g., Supreme Court Decisions 82Do2476, Dec. 14, 1982; 201Do6705, Aug. 25, 2011; 201Do200, Aug. 25, 201); therefore, the part regarding the attachment order case against the Defendant is not subject to second trial. Accordingly, the part regarding the attachment order case against the Defendant is excluded from the scope of the trial of this court.

2. Summary of the grounds for appeal - The punishment imposed by the lower court on the Defendant (five years of imprisonment for a maximum term, four years and six months of short term, and 120 hours of completion of sexual assault treatment programs) are unfairly heavy.

3. The crime of this case was committed by rapeing the victim by means of threateninging the victim's family members to die in the process of demanding a separate request from the victim who was a chain of relationship with him/her to continue to do so. After then, when the victim was accused of a complaint by the victim, the crime of this case was committed by rapeing the victim again after forcing the victim to reach an agreement by threatening him/her with a month, and the crime of this case was considerably poor in the nature of the crime, and the victim seems to have suffered a considerable mental suffering due to the crime of this case. Nevertheless, the defendant did not reach an agreement with the victim, etc., which is disadvantageous to the defendant.

On the other hand, however, the Defendant appears to have led to the confession of all of the instant crimes and against his mistake, and the Defendant has yet to reach the age of 20 years of age (the juvenile of 18 years of age and 11 years of age as of the date the Defendant was sentenced) prior to the instant crimes.