Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

1. The court below sentenced a judgment of conviction against a prosecuted case, a judgment ordering the attachment of an electronic tracking device for ten years with respect to a case claiming an attachment order, and a judgment dismissing the prosecutor’s request with respect to a case claiming a probation order.

On the other hand, only the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") appealed against the judgment below.

Where an appeal has been filed against the judgment on a specific crime case pursuant to Articles 9(8) and 21-8 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”), the appeal shall also be deemed to have been filed against the request for attachment order and the request for probation order. However, the request for probation order shall be excluded from the scope of the judgment of this court as there is no benefit of appeal against the defendant.

Therefore, only the defendant's case and the case for attachment order are included in the scope of this court's trial.

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

3. Determination

A. As to the part of the defendant's case, the defendant's confessions all of the crimes of this case and reflects them are favorable to the defendant.

On the other hand, when the defendant intrudes on the residence of a victim who has no awareness of being sexually ill, and commits a similar rape against the elderly victim, which is highly likely to cause the risk of such crime and social criticism, which appears to have caused the victim's severe fear and sense of sexual humiliation, and even though the defendant had been punished for the same crime, the fact that the defendant committed a similar rape is disadvantageous to the defendant.

In addition, the above circumstances and the defendant's age, character, conduct and environment, the motive and background leading to each of the instant crimes, the means and methods of committing the crimes, and the circumstances after committing the crimes.