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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
It is unfair that the sentence of the court below, which sentenced the defendant who is the juvenile of the summary of the grounds for appeal, to the defendant, was too unreasonable without making a decision on the transmission to the Juvenile Department, and sentenced the imprisonment for a maximum of two years and the short
It is unfair that the sentence of the court below rendered by the public prosecutor is too uneasible.
Judgment
If there is no change in the sentencing conditions compared to the original judgment in the appellate court, and the sentencing of the original court is not beyond the scope of reasonable discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The instant crime is unfavorable to the Defendant, on the following day after the Defendant said that he/she had the victim sleep in his/her singing, and committed an act of similarity by force after having the victim slicking the victim, and in light of the substance of the instant crime, method, motive, and circumstance, etc., the crime is very poor; the victim was given a considerable sense of shame and mental shock due to the instant crime; and the victim appears to have received psychological treatment or mental therapy for a considerable period of time; however, the Defendant did not receive a letter from the victim; and the victim requested the victim to punish him/her
However, there is no record of criminal punishment or juvenile protective disposition as a principal offender, the fact that the defendant is a juvenile of 16 years old, his father is living together with his father, and the economic situation is not good.
In light of the following circumstances: (a) there is no change in the conditions of sentencing in light of the Defendant’s age, character and conduct, environment, relationship with the victim, motive and background of the crime, means and consequence of the crime; and (b) circumstances after the crime, etc., the sentence of the lower court cannot be deemed to have been excessively heavy or frighted to the extent of reasonable discretion.
The court below's judgment against the defendant is the Juvenile Department.