Text
Defendant
All appeals by prosecutors are dismissed.
The prosecutor's request for an attachment order in the trial is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (ten months of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. The fact that the defendant confessions and reflects the judgment, the defendant's personality and conduct improvement through treatment, and the family of the defendant expresses his/her intention to endeavor to treat the defendant, and the criminal facts No. 1-B of the judgment of the court below.
The fact that a written agreement has been received from the legal representatives of the other party to the public performance and obscenity crime is favorable to the defendant.
However, this case is an unfavorable circumstance against the defendant, such as the following: (a) the defendant's act of obscenity during a series of times in the vicinity of the new wall; (b) the victim was committed by indecent act by indecent act by indecent act by indecent act by indecent act by compulsion; (c) the victim was the juvenile; and (d) the victim seems to have been at risk of considerable anxiety and sexual humiliation due to the instant case; (d) the defendant did not receive a letter from the above victim; (e) the defendant was sentenced to a suspended sentence of imprisonment for 2016 due to indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by compulsion; and (e) the fact that
In addition to these circumstances, considering the fact that there is no special change in circumstances in which the sentence should be different in this Court, and all other factors of sentencing as shown in the proceedings of the pleadings in this case, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., the lower court’s punishment is too heavy or unreasonable.
Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, the judgment of the court below is 3 10.