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The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
(b) the defendant;
Reasons
1. The lower court rendered a judgment dismissing a prosecutor’s request regarding a prosecuted case and a request for attachment order.
On the other hand, only the defendant appealed against the accused case.
Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the application for attachment order is excluded from the scope of the judgment of this court as there is no benefit to the defendant, and only the defendant's case is included in the scope of the judgment.
2. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable;
3. Determination
(a) The defendant is not in a substantial disadvantage;
(1) The circumstances shown in the contents and form of crime are not good.
The defendant's act is very important to avoid quasi-rape or quasi-rape.
In addition, it is highly likely to criticize high school students' parents who are protecting and raising the object of crime.
② The background of the victim’s mind seems to be deep.
Around October 2016, the aggrieved party informed her mother of the damage on or around June 2017 after committing the instant crime, and filed a complaint against her Defendant only on February 12, 2018.
With respect to the reasons why the complaint was filed at the time of the lapse of the time after the damage, the degree of mental suffering of the victim who was not cured after the crime in this case can be found even if the record of evidence stated that the police stated that “if the victim thought that he was damaged only, he/she would continue to suffer from the damage, and so on, he/she raised an accusation too deep.”
Although the “victim’s mother who had to take care of the victim’s psychological suffering after having divorced from the Defendant in this case,” it seems that there are little mental suffering.
③ The Defendant was sentenced to a fine due to quasi-indecent act by compulsion before committing the instant crime.
Such crimes are not so stated in the Defendant’s home.