Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment (two years of imprisonment) imposed by the lower court against the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. The Defendant of the instant case reflects his mistake by recognizing the instant crime.

However, the crime of this case is an indecent act committed by the victim who was responsible for driving on his behalf, using the victim's failure to resist under the influence of alcohol, and the nature of the crime is very bad in light of the circumstances of the crime or the content of the crime.

Although the Defendant had been sentenced to imprisonment due to a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant again committed the instant crime within the repeated crime period.

The defendant did not receive a letter from the victim, and the victim wanted a severe punishment against the defendant.

In addition, comprehensively taking account of the age, character and conduct, environment, etc. of the defendant and the sentencing guidelines established by the Sentencing Committee, it cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

B. When the Defendant and the prosecutor filed an appeal against the prosecuted case, it is deemed that they also filed an appeal against the attachment order case pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

However, the defendant and the prosecutor did not submit legitimate grounds for appeal regarding the attachment order case, and even after examining the judgment of the court below, there is no reason to investigate and reverse this part ex officio.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit.