Defendant

In addition, all appeals filed by the claimant for observation order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s sentence against the Defendant and the claimant for the observation order of the protected object (hereinafter “Defendant”) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The Defendant’s crime in the part of the instant case was committed by intimidation by the victim who was only 14 years old at the time, and the nature of the crime is not good.

The degree of physical and mental suffering suffered by the victim due to the crime of this case seems not to be significant, and the defendant did not receive a straw from the victim.

However, at the time of committing the instant crime, the Defendant was a juvenile of 14 years old, the same as the victim, and had not yet been established with the awareness of gender. The Defendant had been subject to juvenile protective disposition three times prior to committing the instant crime, such as the crime of embezzlement of possession, but there was no record of criminal punishment.

The defendant recognizes the crime of this case and reflects his mistake in depth, and it is clear that the family members of the defendant have social ties, such as supporting the defendant's prior wife.

In addition, taking into account the various circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable because it is too heavy.

Therefore, the above argument by the defendant and the prosecutor cannot be accepted in entirety.

B. As long as a prosecutor has lodged an appeal against the part of the case for which protection observation order is sought, it shall be deemed that the appeal has been filed regarding the claim for protection observation order in accordance with Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Devices Installation, Etc.

However, not only the grounds for appeal submitted by the prosecutor, but also the petition of appeal is legitimate as to the case of protection observation order.