In addition, both the appeal filed by the respondent A and the appeal filed by the prosecutor shall be dismissed.

Defendant

In addition, the sentence of the lower court (three years of imprisonment, four years of suspended execution, etc.) against the person subject to the request for attachment order (hereinafter referred to as the “defendant”) is too unreasonable.

The sentence of the lower court (three years of imprisonment, four years of suspended execution, etc.) against the public prosecutor’s defendants on unreasonable sentencing is too unjustifiable.

It is improper for the court below to dismiss the prosecutor's request for attachment order since it is likely to recommit sexual crimes against the illegal defendants.

The judgment of unfair sentencing on the assertion of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the specific contents of the case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, under favorable circumstances, committed sexual abuse against a child under the age of 11, under the following circumstances: (a) Defendant A is against all the instant crimes; (b) Defendant B is also recognized as a substitute for the crime; (c) Defendant B is a primary offender with no penal power; (c) the Defendants paid a considerable amount of money; (d) Defendants agreed with the guardian of the subject child; and (e) the guardian of the subject child was not subject to the punishment of the Defendants; and (e) the Defendants committed sexual abuse against the child under the age of 11.