성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
1. The summary of the grounds for appeal and the person against whom the attachment order is requested (hereinafter “defendants”) asserts that the sentencing of the lower court is too unreasonable, and the prosecutor asserts that the sentencing of the lower court is too uneasible.
2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below 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). Circumstances asserted by the Defendant and the Prosecutor as an element of sentencing are already revealed in the proceedings of the lower court’s pleadings, or the lower court appears to have sufficiently taken into account in determining the Defendant’s punishment. There is no particular change in circumstances in the sentencing guidelines and the matters subject to the conditions of sentencing after the lower judgment was sentenced.
Taking into account the circumstances indicated by the lower court on the grounds of sentencing, comprehensively taking into account the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, conditions of sentencing as indicated in the instant pleadings and records, as well as the possibility of forced expulsion into home country, such as the circumstances after the crime was committed, the lower court’s sentencing was conducted within the reasonable scope of discretion, and cannot be deemed too heavy or unreasonable.
The defendant and prosecutor's assertion are without merit.
3. If the part of the case for which the request for attachment order is filed files an appeal against the prosecuted case, it shall be deemed that the prosecutor files an appeal against the case for which the request for attachment order is filed under Article 9 (8) of the Act on the Probation and Electronic Monitoring, etc.
However, the prosecutor did not submit legitimate grounds for appeal regarding the application for attachment order, and even after examining the record, there is no ground for ex officio investigation on this part.
4. As the appeal by the Defendant and the prosecutor in conclusion is groundless, Article 364(4) and Article 364 of the Criminal Procedure Act is specified.