The judgment below

The part of the case for which the attachment order is requested shall be reversed, and this part of the case shall be remanded to the Daejeon High Court.

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to a prosecuted case, an appeal on the grounds of unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed. As such, in this case where the defendant and the person requesting an attachment order (hereinafter “defendant”) were sentenced to a lower sentence, the argument that the amount of punishment is unfair cannot be a legitimate ground for appeal.

2. According to the record as to the case of the request for attachment order, the first instance court shall be punished by imprisonment with prison labor for two years and six months, disclose disclosed information to the accused through an information and communications network for five years, notify the information of disclosure for five years, order the attachment of an electronic device for five years, and impose the matters to be observed as stated in the attached Form of the first instance judgment. The accused appealed against the accused case to the effect that the retroactive application of the Act is harsh and there is no risk of recidivism. The prosecutor appealed against the case of the accused case and the case of the request for attachment order, but the prosecutor did not submit the statement of grounds for appeal regarding the case of the request for attachment order. The lower court reversed ex officio the period of attachment against the accused on the ground that the first instance court determined the period of attachment for five years to 30 years, and all other punishments are the same as the same, but the period of attachment is extended to 10 years to 10 years.

However, in cases where both the defendant and the prosecutor appealed, but the prosecutor must dismiss the prosecutor's appeal regarding the request for attachment order because the prosecutor fails to submit the grounds of appeal regarding the request for attachment order, the appeal court is prohibited from disadvantageous changes, since only the defendant appealed.