Defendant

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

1. The court below rendered a judgment of conviction against a prosecuted case, a judgment of probation with respect to a request for probation order, and a judgment of dismissing a prosecutor’s request with respect to a request for attachment order.

Since then, only the defendant and the person who requested probation order (hereinafter referred to as "defendant") appealed against the defendant's case and the case of probation order.

Therefore, notwithstanding Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”), there is no benefit in appeal against the defendant regarding the application for attachment order, and thus, it is excluded from the scope of the judgment of this court.

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

2. Summary of grounds for appeal;

A. The defendant's case (e.g., imprisonment with labor for three years) sentenced by the court below is too unreasonable.

B. It is unreasonable for the court below to order the defendant to be put on probation for three years, although there is no risk of sexual assault and recidivism for which probation is requested.

3. Determination

A. The determination of the Defendant’s case concerning the instant case seems to be against the Defendant while recognizing all of the instant crimes, and the fact that the Defendant has no record of punishment for the same kind of crime is favorable to the Defendant.

However, despite the fact that the Defendant was responsible for protecting and leading the victim's right growth and sound sexual values and identity as an external village of the victim, the crime of this case was committed by force against the victim who was not older than 8 years old at the time by several deceptive means, and is not very good in light of the relationship between the Defendant and the victim, the victim's age, the frequency and circumstances of the crime, and the method of the crime.

No. 3.