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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. Determination may take into account favorable circumstances, such as the fact that the Defendant recognized his or her criminal act and appears to reflect, suffers from diseases, such as depression and drying, and that he or she seems to have failed to adapt to Korean life.
On the other hand, the criminal act of this case is committed again during the period of repeated crime in which ten months have not yet passed after being sentenced to imprisonment with prison labor for the same crime, and ten months have yet to elapse after being sentenced to imprisonment with prison labor for the same crime, and there are many criminal records of the same kind of crime like or similar to the criminal act of this case including the above repeated crime, and the frequency of the criminal act of this case is very large, time interval is short, and the method is planned and interviewed, damage recovery has been made, or there is no circumstance agreed with the victim.
In addition, in full view of various circumstances that form the elements of sentencing as shown in the records and arguments in the instant case, such as the Defendant’s age, sexual conduct, environment, motive and circumstance after the commission of the crime, etc., the sentence imposed by the lower court is too heavy or unreasonable, as it does not seem that the scope of punishment imposed by the Defendant falls under 10 months to 2 years from the scope of punishment recommended according to the sentencing guidelines, and thus, it does not seem unfair. Accordingly, all of the arguments regarding
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.