The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

For the defendant.

The court below found the Defendant guilty of the facts charged in this case and rendered a judgment dismissing the prosecutor's request for attachment order. As to the part of the request for attachment order, there is no benefit of appeal against the Defendant, and there is no room to apply Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders who are the provision of the appeal.

(3) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the duty of care and custody under Article 20(8) of the former Social Protection Act, which deemed the defendant to have filed an appeal against the defendant when the defendant filed an appeal against the custody application, and did not err by misapprehending the legal principles as to the duty of care and custody under Article 20(8) of the former Social Protection Act. The court below erred by misapprehending the legal principles as to the duty of care and custody under Article 20(8) of the former Social Protection Act.

Summary of Grounds for Appeal

The sentence of imprisonment with prison labor (three years and six months) of the lower court is excessively unreasonable.

Judgment

The defendant living in the same village is very poor in the nature of the crime and the circumstances, such as kidnapping the victim of 14 years of age with the intent to force by force several times or to commit indecent acts, etc. The victim suffers from irrecoverable mental harm, the victim's failure to agree with the victim, etc., disadvantageous circumstances such as the fact that the victim did not agree with the victim, the victim's mistake is late later and later, and there is no record of criminal punishment heavier than that of the same criminal record or fine, the defendant has deposited 8 million won for the victim in the trial, the fact that the victim has been supported by the children who are intellectually disabled, the fact that the degree of force of exercising the right is relatively minor, and other favorable circumstances such as the defendant's age, character and behavior, environment, motive, means and result of the crime, and the circumstances after the crime.