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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because the court below's punishment (the imprisonment of six years, the order to complete a sexual assault treatment program with 80 hours, and the order to disclose and notify the personal information for five years) is too heavy or uncomfortable;
2. In full view of the following factors: (a) the purpose and content of the instant crime; (b) the degree of assault and injury inflicted by the Defendant in the course of the instant crime; (c) the victim’s suffering and symptoms; (d) the victim’s not agreement with the victim; and (c) the Defendant’s age, reflectivity, and criminal records, etc.; and (d) the lower court’s judgment (including an order to disclose and notify personal information) cannot be deemed to have exceeded the reasonable bounds of the discretion; and (e) there were no circumstances or materials to deem that it is unfair to maintain the sentencing of the lower court in the course of the party’s deliberation of the sentencing, or there were lack of materials to deem that the Defendant and the prosecutor’s allegation of unfair
Meanwhile, as long as the defendant and the prosecutor have filed an appeal against the accused case, it is deemed that an appeal has been filed against the attachment order case pursuant to Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, the court below's order to attach an electronic tracking device for 10 years by imposing the matters to be observed without stating the grounds for appeal or the petition of appeal, is appropriate. There is no ground for ex officio reversal.
3. Conclusion, the appeal filed by the Defendant and the respondent for the attachment order and the prosecutor are all dismissed.
(Article 364(4) of the Criminal Procedure Act, Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders