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The defendant's appeal is dismissed.
Reasons
1. The court below’s scope of trial was convicted of the part of the defendant’s case, and dismissed the prosecutor’s request regarding the part regarding the case regarding the attachment order and the probation order claim. Since only the defendant appealeds against the part regarding the defendant’s case among the judgment below, the defendant does not have any interest in appeal as to the part regarding the case regarding the attachment order and the probation order claim, Articles 9(8) and 21-8 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders,
Therefore, the part of the request for attachment order and probation order is excluded from the scope of the trial of this court.
2. The summary of the grounds for appeal (unfair punishment) is too unreasonable considering the following: (a) the Defendant reflects his mistake in depth; (b) there is no record of punishment for the same criminal record; (c) the injured party does not want the Defendant’s punishment; and (d) community service and lecture attendance order for the long time ordered by the lower court interferes with the Defendant’s public service.
3. The Defendant recognized the instant crime and divided his mistake.
Before the crime of this case was committed, the Defendant did not have been punished for sexual assault crime, and the victim did not want the punishment against the Defendant.
From November 7, 2014, the defendant served as a public duty personnel while providing the class support during the special education period.
However, the defendant, after drinking alcohol to the victim who is only 14 years of age, has sexual intercourse with the victim by taking advantage of the state of her ability to resist by drinking alcohol, and there is a high possibility of criticism for such act.
According to the crime of this case, the victims who were aged due to the crime of this case have a huge mental impact that may adversely affect the formation of sexual values in the future, such as suffering from acute disability.