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Defendant
In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence (six years of imprisonment) imposed by the court below on the defendant and the person who requested the attachment order (hereinafter “defendant”) is too unreasonable.
B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.
2. Determination:
A. The lower court sentenced 6 years of imprisonment, 7 years of public notification order, and 10 years of attachment order to the Defendant, taking into account the following circumstances: (a) the crime of this case was committed under the unfavorable circumstances: (b) the Defendant invaded upon the victim’s residence and attempted rape; (c) the Defendant did not agree with the victim; (d) the Defendant committed the crime of this case even though he was committed by the same kind of crime; and (e) the Defendant commits the crime of this case; and (e) the Defendant committed the crime of this case under the circumstances favorable to the attempted crime; and (e) other Defendant’s age, sex, motive and background of the crime; and (e) the circumstances after the crime was committed.
2) In this case, there is no change in circumstances after the decision of the court below was made, and the defendant was erroneous in the decision of the court below.
However, the lower court’s choice of imprisonment (five or more years of imprisonment) with prison labor for a crime in its holding, and applying Article 3 of the Act on Special Cases Concerning the Punishment of Specific Cateral Crimes to increase the short term of a punishment by two times, and then mitigated the term of imprisonment with prison labor for not less than five years but not more than 25 years, and taking into account all the circumstances cited in the records and arguments in the instant case, the lower court’s sentencing is not deemed to be unfairly heavy or somewhat harsh, even in light of the circumstances cited by the Defendant and the Prosecutor for each appeal reason.
B. Article 9 of the Act on the Protection and Observation of Specific Criminal Offenders and the Attachment of Electronic Devices, as long as the Defendant and the prosecutor appealed on the case of the Defendant.