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Defendant
In addition, all appeals filed by the person who requested probation order are dismissed.
Reasons
The court below sentenced the defendant and the person requesting probation order (hereinafter referred to as "defendant") to the part concerning the defendant's case and probation order as to the part concerning the defendant's case. However, the court ordered the prosecutor to dismiss the prosecutor's request regarding the part concerning the request for attachment order.
Notwithstanding the provisions of Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no benefit in appeal as to the part of the request for attachment order as the defendant appealed only, this part shall be excluded from the scope of the trial of this Court.
Summary of Grounds for Appeal
The punishment sentenced by the court below against the defendant (one year and six months of imprisonment) is too unreasonable.
Judgment
In the part of the defendant's case, the fact that the defendant recognized the crime of this case and divided his mistake is favorable to the defendant.
On the other hand, on April 25, 2012, the Defendant was sentenced to one year and six months of imprisonment due to a crime, such as indecent act by force against a juvenile under the age of 13 at the Incheon District Court on April 25, 2012, and completed the execution of the sentence on September 25, 2013, and committed the instant crime, which is a sexual crime, during the repeated offense period, and was not used from the victim, is an unfavorable condition to the Defendant.
In full view of the above circumstances and the Defendant’s age, character and conduct, environment, circumstances before and after the commission of the crime, and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court Sentencing Committee (one year to six years of imprisonment), it is not determined that the lower court’s sentence against the Defendant is too unreasonable.
As long as the defendant has filed an appeal against a prosecuted case, it is deemed that the defendant has filed an appeal against the case of probation order.