beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Improper sentencing of the lower court is deemed unreasonable.
B. It is unreasonable that the court below did not issue an order to disclose personal information to the defendant even though the defendant was found to have committed a second offense only 47 days since he was punished for the same kind of crime, and the risk of a second offense, such as forcing the victim who was under the age that does not have any awareness inside the city bus, to report the sexual crime by force, etc.
2. Determination
A. The crime of this case with regard to the illegal argument of sentencing is an indecent act committed by the defendant against the juvenile within the city bus, and the crime of this case was committed before the sentence of suspended sentence was rendered due to the defendant's similar crime, and the crime of this case was committed within 2 months from the final date of the judgment. Considering the fact that the victim who was aged as the crime of this case had a considerable mental suffering and suffering but did not receive a letter from the victim until the judgment was made, strict punishment against the defendant is required.
However, since the defendant confessions all of the crimes of this case, repents and reflects his mistake, the defendant's intellectual ability remains at a level of delay, and it seems that these symptoms have influenced the crimes of this case. At the time, the defendant was merely 19 years old and was in a state where sexual values have not yet been established properly, and the parents of the defendant wanted to grow properly with the defendant's wife.
The decision of the court below seems to have been making efforts to eliminate anxietys and to coordinate behavior, such as receiving mental treatment and psychological consultation after the decision of the court below, and the sentencing of the court below exceeded the reasonable scope of discretion.
The defendant's age, age, etc. is difficult to see.