The defendant's appeal is dismissed.

The court below found the defendant guilty on the part of the defendant's case and dismissed the prosecutor's request regarding the part regarding which the request for attachment order was made. Since only the defendant appealed on the part concerning the defendant's case among the judgment below, Article 9 (8) of the Act on Probation and Electronic Monitoring, Etc. for Specific Criminal Offenders, the legal fiction of appeal, has no interest in appeal as to the part concerning the request for attachment order.

Therefore, the part of the request for attachment order is excluded from the scope of this court's trial.

Summary of Grounds for Appeal

The punishment sentenced by the court below to the defendant (three years and six months of imprisonment) is too unreasonable.

Judgment

The defendant recognized all of the crimes of this case and runs a profoundly against the defendant.

The crime of quasi-rape was attempted, and the defendant has no record of criminal punishment exceeding the amount of punishment or fine for the same crime.

At the court below, the defendant agreed with the victim, and the mother of the victim and the victim do not want to punish the defendant any longer, and the defendant submitted a written application to seek the defendant's preference to the court of the trial.

However, the Defendant committed an indecent act on three occasions over the period from 13 years to 3 years of age, and attempted to rape the victim who reached the age of 18, and there is a high possibility of criticism by itself as an act of protecting the victim's physical and mental health.

Accordingly, the age victim seems to have suffered a huge physical or mental pain along with a sense of sexual shame while repeatedly committing a crime from the defendant without requesting assistance from the defendant.

In addition, the lower court comprehensively takes into account the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and various sentencing conditions indicated in the records, such as the circumstances after the crime.