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The defendant's appeal is dismissed.
Reasons
1. As to the part of the Defendant case, the lower court rendered a judgment dismissing the prosecutor’s request regarding the part regarding which the request for attachment order was sought, and only the Defendant appealed.
Therefore, there is no benefit in appeal as to the part of the case of the attachment order against the defendant.
Therefore, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, the legal fiction of appeal, is not applicable (see Supreme Court Decisions 82Do2476, Dec. 14, 1982; 201Do6705, Aug. 25, 2011; 201Do200, Aug. 25, 201). Accordingly, the part regarding the claim for attachment order against the Defendant is not examined. Accordingly, the part regarding the claim for attachment order against the Defendant is excluded from the scope of this court’s trial.
2. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (five-year long-term imprisonment and three-year short-term imprisonment) is too unreasonable.
3. The judgment of the defendant is merely against the juvenile under 18 years of age, there is no record of criminal punishment, and all of the crimes of this case led to a situation that the defendant is able to take into account the defendant, such as the fact that the victim and the mother of the defendant wanted to leave the Defendant.
However, the crime of this case is very heavy for the defendant to commit rapes more than 6 times of age, which is merely 15 years of age, and the victim was injured by such rapes.
In addition, sexual assault against the victim was continued since the time when the victim was the elementary school student, and even though the mother or friend of the defendant, who became aware of such sexual assault, she committed the crime of this case at the house where the defendant and friend were only the victim, it can be easily seen that the victim suffered physical damage that is difficult to cope with due to the crime of this case.