Defendant

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

1. The sentence (five years of imprisonment) imposed by the first instance court on the defendant and the person to whom the attachment order was requested (hereinafter referred to as the defendant only) shall be too unreasonable.

2. It is recognized that there are favorable factors for sentencing, such as the defendant's recognition of his crime against his own will, the fact that there is no record of criminal punishment, and the suffering of the protruding escape certificate.

However, the Defendant’s crime of this case is recognized as having been committed continuously with sexual intercourse in order to satisfy his own sexual desire due to his death in neighbors and mental retardation disorder, and the crime is very poor, and there is still no tolerance from the victim.

Examining the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the crime, etc. comprehensively, the sentence sentenced by the first instance court is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. According to Article 9(8) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders for whom the request for attachment order is made, where a defendant files an appeal against the judgment on the specific crime case, an appeal against the judgment on the request for attachment order shall also be deemed to have been filed. However, even if the defendant did not submit legitimate grounds for appeal as to the request for attachment order, and even if examining the judgment of the first instance court, there is no reason to investigate and

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 35 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that all of the appeals are without merit. It is so decided as per Disposition.