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Defendant
In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.
Defendant
In addition, the person who requested the attachment order.
Reasons
1. There is no change in the conditions of sentencing compared to the lower court’s determination on the unfair argument of sentencing by both parties, and where the lower court’s sentencing does not deviate from the reasonable scope of discretion, it should be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no particular change in the conditions of sentencing compared to the lower court’s determination on the grounds that the new materials of sentencing were not submitted in the instant case
In addition, in the instant case, the Defendant and the person requesting the attachment order (hereinafter “Defendant”) have taken drug ingredients to a number of women including minors and committed rape and similar rape several times, and the nature of the crime was extremely poor, and the victims have been inflicted another injury by photographing the form of the victims at the time of the crime, and the victims and their families have been unable to lifelongly or mentally shocked by the crime of this case, and the victims and their families have not yet reached agreement and the victims have been faced with severe punishment. The Defendant’s confession and reflects all of the instant crimes, the Defendant’s agreement with some victims, and the sentencing conditions indicated in the records and arguments, including the circumstances favorable to the Defendant, such as the fact that there was no record of punishment for the same kind of crime, were exceeded the reasonable scope of discretion.
shall not be deemed to exist.
All the arguments of the defendant and the prosecutor that the sentencing of the court below is unfair are rejected.
2. As long as the Defendant filed an appeal against the part of the lower judgment regarding the case, the part of the lower judgment regarding which the request for attachment order was filed pursuant to Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., the appeal is deemed to have been filed regarding the part regarding which the request for attachment order was filed, but the part regarding the request for attachment