The defendant's appeal is dismissed.

1. The lower court rendered a judgment dismissing the prosecutor’s request regarding the part of the Defendant’s case regarding which the request for attachment order was filed, and the only Defendant appealed therefrom, and thus, there is no benefit of appeal regarding the part regarding which the request for attachment order was filed.

Therefore, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, a legal fiction of appeal, does not apply (see Supreme Court Decisions 82Do2476, Dec. 14, 1982; 201Do6705, Aug. 25, 201; 201Do201, Aug. 25, 201). Accordingly, the Defendant’s claim for attachment order against the Defendant is excluded from the scope of the trial of this court. Ultimately, the scope of the trial of this court is limited to the Defendant’s case on which the Defendant was pronounced guilty in the lower court.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

3. Determination

A. The Defendant recognized the instant crime and opposed to his mistake, the rape crime was committed against the attempted crime, and voluntarily surrenders to the investigation agency immediately after the crime was committed.

The defendant has no record of punishment for a sex offense before the crime of this case, and there is a favorable circumstance for the defendant.

However, the crime of this case was committed on February 14, 2013 by the Defendant, who was sentenced to 6 months of imprisonment for fraud and 2 years of suspension of execution on February 14, 2013 and was sentenced to 6 months of suspension of execution, but is still under suspension of execution, and is likely to be criticized as having tried to rape a victim in a protruding site at night, and the victim also seems to have been subject to considerable mental shock in this case.

In addition, in full view of the Defendant’s age, health status, criminal records, character and conduct, environment, family relationship, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the crime, etc., the sentencing sentence calculated by discretionary mitigation.