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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 sentencing of the lower court (one year and six months of imprisonment) by the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.
B. The lower court’s sentencing is too uneasible and unreasonable.
2. If the judgment prosecutor files an appeal against the accused case, it shall be deemed that an appeal has been filed regarding the attachment order case under Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, but it shall not include the grounds for appeal or the petition of appeal filed by the prosecutor.
In full view of all the factors such as the crime of this case committed by the defendant intending to rape a victim with a mental disability living in the same Dong and the nature of the crime is not good. In particular, the crime of this case committed against the victim who is a physical and social weak, with a high possibility of criticism, which is likely to be subject to considerable mental suffering due to the crime of this case, and the crime of this case does not take any measures for recovery of damage up to the present day, while the defendant confessions and objects to the crime of this case, the crime of this case is committed against the attempted crime, the crime of this case is committed against the attempted crime, and the defendant is the primary offender without any criminal power after the sentence of the judgment of the court below, it is difficult to see that the sentence of the court below is too heavy or unreasonable since it is too unreasonable.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. It is so decided as per Disposition.