Defendant

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

1. Summary of the grounds for appeal - The punishment (three years of imprisonment) imposed by the court below on the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") shall be too uneased and unreasonable.

2. Determination

A. On the grounds of appeal by the prosecutor, the crime of this case is not suitable in light of its content, and the Defendant committed the same sexual assault crime during the period of repeated offense.

However, considering the circumstances favorable to the defendant, such as the defendant's age, character and conduct, family environment, circumstances leading to the crime of this case, circumstances after the crime, and sentencing guidelines established by the Supreme Court sentencing committee, etc., the sentence of the court below is appropriate, and it cannot be deemed unfair because it is too unreasonable, in light of the following factors: (a) the crime of rape was committed; (b) the degree of injury is not relatively heavy; and (c) the victim expressed his intent not to punish the victim upon agreement with the victim.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

(2) As to the Defendant and his defense counsel’s assertion, the Defendant and his defense counsel asserted that the lower court found the Defendant guilty of the instant crime on the grounds of the victim’s statement without credibility, etc., even if the Defendant did not commit the instant crime, and that the sentencing is unfairly heavy.

However, the above argument is not a legitimate ground for appeal since it was asserted only after the deadline for appeal was not timely, and even if ex officio examination is conducted, the judgment of the court below which found the defendant guilty of the crime of this case by taking account of the evidence duly adopted and examined by the court below is just and acceptable. In full view of all the sentencing conditions as seen above, the court below's punishment is too unreasonable.

Therefore, the above assertion by the defendant and the defense counsel is without merit.

(b) an attachment order;