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The judgment below
The part of the case of the defendant is reversed.
Defendant
In addition, a person who requests an attachment order shall be punished by imprisonment for four years.
Reasons
1. Summary of grounds for appeal;
A. The punishment (limited to 4 years of imprisonment and forfeiture) imposed by the lower court by the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.
B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.
2. Determination
A. Determination of ex officio as to the part of the case of the defendant is made ex officio prior to the judgment as to the wrongful sentencing of the defendant and prosecutor.
In the first instance of the trial, the prosecutor applied for the amendment of the indictment to "Article 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act" as "special intimidation" respectively, and Article 3 (1) and Article 2 (1) of the same Act as "Article 284 and Article 283 (1) of the Criminal Act" of the applicable law and the amendment of the indictment to "Article 283 (1) of the Criminal Act" were amended by this court's permission. Thus, the part of the judgment of the court below in the case of the defendant is no longer maintained.
B. As long as a prosecutor filed an appeal against the part of the judgment below regarding the case for which a request for attachment order was filed, the part regarding the case for which a request for attachment order was filed pursuant to Article 9(8) of the Act on the Electronic Monitoring, Etc. of Specific Criminal Offenders is deemed to have been filed. However, the appeal regarding this part of the petition of appeal and the reason for appeal submitted by the prosecutor is not indicated, and there is no ground for reversal after examining the judgment below ex officio.
3. In conclusion, the part of the judgment of the court below as to the defendant's case is reversed ex officio, and without examining the error of sentencing by the defendant and the prosecutor, it is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows after pleading. The prosecutor's appeal as to the request for attachment order is without merit. Thus, the protection and observation of the specific criminal suspect is without merit.