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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (six months of imprisonment, etc.) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The crime of this case is not very good that the defendant promised to pay money to his father/child and purchased the sex in return for the promise. Such crime is not only an act of establishing sexual values but also an act of infringing the human rights of the relevant child, which lacks the ability to determine, and also is highly likely to be criticized in that it impedes the settlement of proper and sound sexual culture.
On the other hand, the fact that the defendant made a confession from the investigative agency in substitution for the crime, cooperates in the investigation, reflects his fault in depth, the defendant agreed with the victim's side, and should consider equality with the case where the judgment has already become final and conclusive at the same time as the crime of quasi-rape.
In addition, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of other circumstances that are the conditions of sentencing, such as the Defendant’s age, sexual conduct, environment, relationship with the victim, motive or circumstance of the crime, and circumstances after the crime, it does not seem that the sentence imposed by the lower court is too heavy or unhued and it exceeded the reasonable scope of discretion.
Therefore, the above argument by the defendant and the prosecutor is without merit.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.