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The judgment below
The part of the defendant's case against the defendant shall be reversed.
A defendant shall be punished by imprisonment for four years.
Reasons
1. The gist of the prosecutor’s appeal is unreasonable because the sentence imposed by the court below to the defendant and the person to whom the attachment order was requested (hereinafter “the defendant”) (a notice of disclosure of information for three and seven years of imprisonment) is too unfasible.
2. Determination
A. The fact that the part of the defendant's case recognized all criminal facts and divided his mistake is favorable to the defendant.
However, the crime of this case is deemed to have committed sexual intercourse with the victim under the age of 13 by inducing the victim under the age of 13 and by force, and the nature of the crime is not very good. The defendant has induced the juvenile under the age of 14 for the purpose of sexual intercourse on January 27, 2012, and has been sentenced to a suspended sentence of 4 years due to the crime of sexual intercourse with the juvenile by force during the grace period, even though he was sentenced to a suspended sentence of 2 years and six months due to the crime of sexual intercourse with the juvenile by force, and other various sentencing conditions such as the defendant's age, character and behavior, environment, motive, means and method of the crime, and the circumstances after the crime, etc., the court below's punishment is deemed to have been too un
B. As long as a prosecutor partly filed an appeal against a prosecuted case, the case is deemed to have filed an appeal regarding the case claiming an attachment order pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, the appeal regarding this part of the petition of appeal and the statement of grounds of appeal submitted by the prosecutor is not required to be reversed ex officio.
3. In conclusion, the prosecutor's appeal on the part of the judgment below regarding the request for attachment order is dismissed in accordance with Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders and Article 364 (4) of the Criminal Procedure Act, and the prosecutor's appeal on the part of the case of the judgment below is with merit. Thus, it is reversed in accordance with Article 364 (6) of the Criminal Procedure Act