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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the imprisonment with prison labor for a maximum of five years and a short of four years) declared by the court below is too unreasonable.
2. Determination
A. The Defendant acknowledges and reflects his criminal act.
The defendant has no career of being punished as a crime, and lives in a detention house after being detained in this case, and shows a sincere attitude, such as applying for the examination of high school graduates and passing the examination.
The Defendant was a juvenile who did not reach the age of 19, and at the time of committing the instant crime, the mental or physical judgment and behavior had not reached the age of 14 to 17, and the perception of liability was not mature.
B. Meanwhile, the Defendant had sexual intercourse with the victim, who is a usheshel and living together several times, and committed a similar act against the victim.
The age of the victim who was the object of the crime was 12 years to 15 years of age.
The victim experienced not only physical damage but also physical and mental impulses that are difficult to overcome due to the defendant's crime, and such physical and mental damage seems not to be easily recovered.
The victim and his legal representative stated that they do not want to be punished by the defendant in the sentencing investigation conducted by the court below, but in the sentencing investigation conducted by the court below, they expressed that they did not want to be punished by the defendant. The victim and his legal representative expressed their intent that they want to be punished strictly by the defendant.
In full view of the contents of the crime of this case, the age of the victim, degree of damage, recovery of damage, possibility of victim's intention, etc., the defendant needs to be punished corresponding to the crime of this case.
C. The aforementioned circumstances are shown in the records and arguments of this case, including the Defendant’s age, criminal record, character and conduct, environment, family relationship, motive and circumstance after the crime.