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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant did not attempt to rape the victim as described in the facts charged, the lower court erred by misapprehending the legal doctrine on rape, etc., thereby convicting the Defendant of the relevant facts charged, and did not so.
Even if the court below's punishment (a two years and six months of imprisonment, and an order to complete a sexual assault treatment program with 80 hours of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too unfluent and unfair, and the Defendant was also exempt from disclosure and notification orders.
2. Determination
A. The lower court rejected the Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles, including the detailed statement on this part of the Defendant’s assertion.
Examining records in comparison with the evidence duly admitted and examined by the court below, the above judgment of the court below is just, and the defendant's above assertion is not accepted.
B. In full view of the remaining arguments of the lower court’s elements and sentencing guidelines as to the crime of this case, the judgment of the lower court, which deemed the victim’s suffering and degree of damage therefrom, victim’s grounds for not imposing punishment, Defendant’s reflectivity, and criminal records, etc. as the main sentencing factor, cannot be deemed to have exceeded the reasonable limit of the lower court’s discretion. As such, the Defendant and the prosecutor’s allegation of unfair sentencing is not accepted.
In addition, the court below exempted the defendant from the order to disclose or notify personal information on the grounds stated in its reasoning after recognizing a special circumstance that may not disclose or notify personal information. In light of relevant evidence, pleading, legal principles, etc., the above judgment of the court below is just and there is no error such as misunderstanding of facts or misunderstanding of legal principles.
3. Conclusion.