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The defendant's appeal is dismissed.
Reasons
1. The court below rendered a judgment dismissing the prosecutor’s request regarding the case of the defendant’s case of conviction regarding the case of issuing an attachment order, and the defendant appealed only against this, and thus, there is no benefit of appeal regarding the case of the request for attachment order.
Therefore, notwithstanding Article 9(8) of the Act on Probation and Electronic Monitoring, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court, and only the part of the judgment below on the defendant case belongs to the scope of the judgment of this court.
2. The Defendant’s defense counsel at the summary of the grounds of appeal asserted that “the Defendant did not collect the victim’s fingers from the sound book” in the grounds of appeal. However, the Defendant withdrawn the allegation of mistake during the third trial at the trial of the trial court.
The punishment sentenced by the court below (six years of imprisonment, 120 hours of sexual assault treatment program, 5 years of information disclosure notification) is too unreasonable.
3. The circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case as well as the mistake is divided, that there is no other criminal records except a fine imposed once due to drinking driving, that one of them must support the two children, and that one of them has intellectual disability.
However, the crime of this case is committed by the defendant as his father's friendship and only 11 years old old victim who is merely 11 years old, with the exemption of water containing "stroke-mm" ingredients as psychotropic drugs left the drinking water, and then by force against the victim's will. The crime of this case is committed by force against the victim. The method of crime is planned and criminal quality is very poor, and the victim at the time of its growth and growth is suffering from shock and suffering that it is difficult for him to cure mentally.