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Defendant
In addition, all appeals filed by the claimant for observation order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment, etc.) by the Defendant and the claimant for the order to observe the protective police officers (hereinafter “Defendant”) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.
2. Determination
A. 1) In regards to the part of the case of the defendant, the sentencing of the judgment below is too heavy or too minor in light of the contents of the specific case.
Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.
On the other hand, the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively taking into account the conditions of sentencing as shown in the court below’s sentencing review process and the sentencing guidelines.
In a case where the appellate court’s sentencing determination is deemed unfair in light of the records newly discovered in the course of the appellate court’s sentencing review, the appellate court should reverse the judgment below’s unreasonable determination of the sentence (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). 2) The appellate court should reverse the judgment below’s unreasonable determination of the sentence (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).
A) The lower court determined that ① the instant crime was committed under the circumstances that: (a) the Defendant committed a similar rape, and committed rape, and the nature of the instant crime was very bad in view of the method and content of the crime, and the relationship between the Defendant and the victim; (b) the mental and physical suffering suffered from the instant crime; (c) the Defendant did not deny the crime; and (d) did not take any measures to recover damage; and (e) the victim filed a petition for the Defendant’s severe punishment from the commencement of the investigation to the lower court.