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All appeals by the defendant and the prosecutor are dismissed.
Reasons
A. The crime of this case is committed under the circumstances unfavorable to the Defendant, in light of the circumstances leading up to the crime, target and method, etc., and the fact that the crime of this case is extremely poor in light of the following: (a) assaulted the victim (here, 17 years of age) who was a high school student returning home and home without any justifiable reason and forced indecent act; and (b) took the victim’s cell phone, etc. for the purpose of blocking the report.
On the other hand, the fact that the defendant led to the confession of the crime of this case and his mistake is divided in depth, and that the injured person does not want the punishment of the defendant by mutual agreement with the victim, and that the defendant does not have any record of criminal punishment exceeding the fine is favorable to the defendant.
In addition, under the above circumstances and the defendant's age, sexual conduct, environment, motive for committing a crime, means and consequence of a crime, various conditions of sentencing indicated in the records, such as the circumstances after committing the crime, and under the sentencing guidelines established by the Supreme Court Sentencing Commission, where the result of an injury occurs, the scope of recommendations [the scope of recommendations] / [the scope of punishment] 13 years of age or injury / 13 years of age or less (including indecent acts by deceptive means and force) / 5 years of age] (special mitigation) mitigation area (including indecent acts by force against juveniles) mitigation area (two years to six years of age) mitigation area / [the scope of recommendations] Punishment Non-won Second Crimes (Robbery) [the scope of punishment] mitigation area (one year and six years of general robbery)] (the minimum limit of punishment pursuant to the Act on the Punishment and Punishment of Specific Offenders] is lower than the minimum of two years or less than the minimum of six years or less than the minimum of six years or less.
In full view of the above, it is not determined that the sentence of the court below is improper or too uneasible because it is too unreasonable or too uneasible.
Therefore, the defendant and the prosecutor's argument are without merit.
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.