Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence (three years of imprisonment and four years of suspended execution) imposed by the lower court on the Defendant and the person who requested the attachment order (hereinafter “Defendant”) (hereinafter “Defendant”), is too unreasonable.

The defendant argued that the mistake of facts was the ground for appeal, but the defendant appealeded on the first trial date at the trial court.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.

2) Although the Defendant committed a crime against a juvenile under the age of 19 and was likely to recommit a secondary sexual crime, it is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order against the Defendant.

2. Determination

A. As to the part of the case of the defendant (unfair sentencing), the crime of this case is an rape of the victim who is merely 15 years of age, and the nature of the crime is not weak.

The age victim suffered a big mental impulse and sexual humiliation due to the Defendant’s crime, but the Defendant was unable to receive a letter from the victimized person.

On the other hand, the Defendant committed the instant crime against the wrongness.

At the time of the instant case, the Defendant was also a juvenile under the age of 18, who has not yet been able to judge and has not established the values of sex, and if his personality and behavior are improved in the future, it is sufficiently likely that the Defendant will become a healthy member of the society.

The defendant deposited KRW 10 million on behalf of the victim, and he seems to have served as the captain in good faith.

In full view of all circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court is determined to be within the appropriate range of sentence corresponding to its liability, and is so excessive or unreasonable that the sentence is too heavy.