The defendant's appeal is dismissed.

The court rendered a judgment of conviction on the part of the defendant's case and dismissed the prosecutor's request with respect to the part regarding which the request for attachment order was made. However, the court issued a probation order ex officio, and only appealed against this.

Therefore, notwithstanding Article 9(8) of the Act on the Attachment, etc. of Electronic Devices as there is no benefit in appeal with respect to the part of the request for attachment order, the scope of inquiry of this court is excluded from the scope of appeal, and the scope of inquiry of this court is limited to the part of the defendant's case and the part of the ex officio probation order

The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six years) of the lower court is too unreasonable.

3. Determination

A. Where there is no change in the conditions of sentencing compared to the judgment of the court below on the part of the defendant case, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court deemed that, in the crime of rape and bodily injury by rape in the instant case, rape itself was committed, and the degree of injury suffered by the victim was not much serious, and that the Defendant had no record of criminal punishment, in addition to that sentenced to a fine twice for the crime of rape and bodily injury by rape, the lower court considered the Defendant as favorable to the Defendant

On the other hand, the crime of this case is committed by the defendant, who committed indecent act by force at a club of the club, and then attempted to rape the victim by infringing on the clothes of another victim without any personal relationship for about six months during which the investigation of the case was conducted. In the process, the crime of this case was committed by attempted rape, and the crime was committed by the above victim. The nature of the crime is very poor, such as the background, method, consequence, repetition, etc. of the crime, and the defendant searched the victim's clothes in the long time prior to the crime of rape and injury by rape before committing the crime.