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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (five years of imprisonment) against the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. There is no change in the conditions of sentencing compared to the first instance court in the part of the case against Defendant, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the punishment by comprehensively taking into account all the circumstances favorable to the Defendant’s unfavorable to the Defendant as stated in its reasoning, and there is no change in the conditions of sentencing compared with the lower court’s judgment, as the new sentencing data was not submitted in the trial, and there is no change in the conditions of sentencing compared to the lower court’s judgment. Considering all the sentencing factors indicated in the argument of the instant case, such as the Defendant’s age, sex, health, environment, motive and circumstance of the crime, the means and consequence of the crime, etc. after the crime, the lower court’s sentence was too heavy or it exceeded the reasonable scope of discretion
It does not seem that it does not appear.
Therefore, the defendant and prosecutor's argument of sentencing is without merit.
B. As long as the defendant filed an appeal regarding the case of the defendant, the appeal regarding the claim for attachment order is deemed to have been filed pursuant to Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., however, the defendant did not submit any grounds for appeal regarding the attachment order case, and even if examining the judgment below, there is no ground for reversal ex officio as to this part.
Therefore, the appeal against the defendant's request for attachment order is without merit.
3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and thus, the Criminal Procedure Act Article 364 (4) of the Criminal Procedure Act and the protection and observation of specific criminal offenders.