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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant case 1) misunderstanding of facts and misunderstanding of legal principles and a person who requested an attachment order (hereinafter “Defendant”)
A) There was no indecent act committed against the victim E in relation to the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.). The former crime of larceny at night, in order to return stolen things from the victim D’s house to the victim’s house, and does not intrude into the victim’s house for the purpose of larceny. 2) The sentence (five years of imprisonment, etc.) sentenced by the first instance court of unfair sentencing (five years of imprisonment, etc.) is too unreasonable.
(b)the attachment order ordered by the first instance court in the case of the request for the attachment order is inappropriate as it is unnecessary and its attachment period (20 years) is too long;
2. Determination
A. Defendant case 1) As to the assertion of mistake of facts and misapprehension of legal principles in the first instance court, the Defendant argued the same purport as the grounds for appeal in this part, and the first instance court rejected Defendant’s assertion by giving detailed explanation in its judgment on the grounds of “judgment on the Defendant and his defense counsel’s assertion.” In comparison with the first instance court’s judgment, the judgment is reasonable and acceptable, as a thorough examination of the record, this part of the Defendant’s assertion is without merit.
However, at night, the Defendant had been sentenced to punishment for sexual crimes in 2007, and had been sentenced to punishment for each of the crimes of this case again during the period of repeated crimes, even though he had been sentenced to punishment for sexual crimes in 2007.