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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant and the person subject to a request for an attachment order (hereinafter “Defendant”) committed a mistake of facts with the victim and did not intend to commit an indecent act against his female by force. 2) The lower court’s sentence of unfair sentencing (three years of imprisonment and six years of suspended execution in June) is too unreasonable.
B. Prosecutor 1) The lower court dismissed the Defendant’s request for the attachment order of this case, despite the risk of repeating the crime, on the ground that the lower court’s sentence is too uneasible and unreasonable.
2. Determination
A. As to the Defendant’s assertion of mistake of facts, the court below rejected the Defendant’s assertion in detail under the title “the judgment on the Defendant’s and his defense counsel’s assertion” in the judgment of the court below, which states that the Defendant’s assertion of mistake of facts is identical to the above grounds for appeal. If the judgment of the court below is examined closely in comparison with the evidence duly adopted and examined, the judgment of the court below is just, and therefore, the Defendant’
B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the crime is not good and the possibility of criticism is high in that the Defendant forced the victim who is a juvenile under the age of 15 at the time of the instant case to commit an indecent act and rape.
In addition, it seems that the victim suffered considerable mental impulse, and the defendant has received a letter from the victim until now is disadvantageous.
On the other hand, it is more contingent that the defendant was living together with the victim and committed the crime of this case, and the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) among the above crimes is committed, and there is no record of punishment for the same kind of crime against the defendant.
In addition to the above reasons for sentencing, the Supreme Court's sentencing committee is determined.