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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentencing of the lower court (one year of imprisonment) is too unreasonable.
B. The lower court’s sentencing is too unjustifiable.
2. Each of the instant crimes on the assertion of unfair sentencing by both parties is an unfavorable circumstance against the Defendant, in light of the following: (a) each of the instant crimes committed against the victim’s assertion of unfair sentencing is an excessive gathering of the victim, who was notified by the victim of the decision in a tobacco relationship, detained the victim in a passenger car, thereby causing injury to the victim in the course of escape; and (b) photographing the victim’s sexual intercourse with the victim in the course of escape; (c) the victim’s sexual intercourse was sent to the victim’s male-child relationship, relatives, and relatives; and (d) the crime was inferior in light of the method and content of the crime; and (e) the physical and mental pain and sexual humiliation suffered by the victim; and (e) the damage was not recovered at all.
However, in light of all the circumstances, such as the Defendant’s age, character and behavior, environment, circumstances of crime, means and consequence, etc., the sentence of the lower court is too heavy or unreasonable in a situation where there is no particular change in sentencing grounds after the sentence of the lower judgment, in view of the following: (a) the Defendant shows the appearance of the Defendant’s mistake after committing the crime; (b) the sexual thought to return the victim’s mind; (c) the degree of injury inflicted on the victim is relatively minor due to the instant confinement; and (d) there is no history of criminal punishment exceeding the fine; and (e) the Defendant’s age, character and conduct, circumstances, means and consequence of the crime; and (b) the circumstances after the
Therefore, we cannot accept the argument of unfair sentencing by the defendant and prosecutor.
3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.