All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for ten years.

For a period of 10 years, the information on the defendant.

1. The summary of the grounds for appeal is too unreasonable that the punishment (the first instance court: 10 years, and the second instance court: 1 year) imposed by the lower court on the accused and the person subject to a request for an attachment order and the person subject to a request for a probation order (hereinafter “defendant”) is too unreasonable.

2. Determination

A. After the judgment of the court below was rendered on the defendant's ex officio determination based on the consolidated proceedings, the defendant filed each appeal against the judgment of the court below, and the court decided to concurrently examine each of the above appeals cases.

Each of the first and second original judgments against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a single sentence shall be sentenced within the scope of a limited term of punishment imposed pursuant to Article 38(1) of the Criminal Act. As such, the part of the first and second original judgment cannot be maintained as it is.

B. The first instance court sentenced the Defendant to an attachment order on the part of the case regarding the attachment order.

When the defendant filed an appeal against the accused case of the judgment of the court below of first instance, it is deemed that the defendant also filed an appeal against the request for attachment order (including the part of the request for preliminary petitioner probation order) pursuant to Article 9 (8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”).

Although there is no statement in the statement of grounds of appeal or the petition of appeal concerning the claim for attachment order of the judgment of the court of first instance, in cases where the part of the defendant's case of the judgment of first instance is reversed as seen above, the part concerning the claim for attachment order of the judgment of first instance to be tried and sentenced simultaneously with the examination shall not be reversed.

(see, e.g., Supreme Court Decision 2010Do17564, 2010 Jeondo172, Mar. 10, 2011). 3. As such, the grounds for ex officio reversal as seen earlier in the lower judgment are the grounds for appeal. Therefore, the Defendant’s allegation of unreasonable sentencing, which is the grounds for appeal.