The defendant's appeal is dismissed.

On the other hand, the court below found the defendant guilty of charges of the case, and rendered a judgment dismissing the prosecutor's request regarding the request for attachment order, and only the defendant appealed against this, the part requesting attachment order does not have any interest in appeal.

Therefore, Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders, a legal fiction of appeal, does not apply (see, e.g., Supreme Court Decision 2010Do7079, 2010Do41, Aug. 19, 2010). As such, the part of the Defendant’s request for attachment order against the Defendant is excluded from the scope of the adjudication by the Korean court.

The summary of the grounds for appeal (unfair sentencing) is unfair because it is too large to the punishment sentenced by the court below (the imprisonment of three years and six months).

Judgment

It is desirable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is desirable to refrain from rendering a sentence that does not differ from the appellate court’s view (Supreme Court Decision 2015Do3260 Decided July 23, 2015) by destroying the first instance judgment on the sole ground that the sentence of the first instance court falls within the scope of discretion, and to refrain from rendering a sentence that does not vary from the first instance court’s judgment (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal principles, some circumstances may be taken into account, such as the following: (a) even though the Defendant was at the latest, the Defendant’s violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in this case (rape quasi-rape with disabled persons) was raped with the victim of Grade 2 due to the present.