The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

Summary of Grounds for Appeal

The sentence of the lower court (ten months of imprisonment, two years of suspended execution) on the part of the defendant's case is too unhued and unreasonable.

It is unreasonable for the court below to dismiss the prosecutor's request for probation order.

Judgment

The judgment on the part of the defendant's case is favorable to the defendant, such as the fact that the defendant and the respondent for probation order (hereinafter referred to as the "defendant") led to the confession of the crime in this case, and that the degree of indecent act by compulsion is not much serious, and that they made efforts to recover damage D by agreement with the victim E.

However, considering the following factors: (a) the Defendant committed the instant crime by compulsion of an unspecified victim on two occasions; (b) the nature of the instant crime was bad; (c) the victims could not feel sexual humiliation; (d) the Defendant did not recover from damage to the victim D up to the trial; and (e) the Defendant did not have been aware of the history of having been sentenced to a suspended sentence of imprisonment due to a sexual crime; and (e) committed the instant crime without being aware of the history of having been sentenced to a suspended sentence due to a sexual crime; and (b) the Defendant committed the instant crime; and (c) the Defendant’s age, character and behavior, environment, motive and circumstance of the crime; (d) means and consequence of the crime; and (e)

The lower court dismissed the prosecutor’s request for probation order pursuant to Articles 21-8 and 9(4)4 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, while rendering a stay of execution against the Defendant regarding the specific crime case of probation order.

This court maintains the judgment of the court below that sentenced the suspension of execution with respect to the specific crime case against the defendant. As such, Articles 21-8 and 9(4)4 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders are ultimately applicable.