beta
Text
All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (an amount of KRW 3 million, and a sexual assault treatment program of KRW 40,000 and KRW 40 hours) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The judgment of the Defendant is favorable to the point that he made a confession of each of the instant crimes and reflects his mistake in depth.
On the other hand, the fact that the defendant was unable to reach an agreement with the victim until the party's trial is disadvantageous.
In addition, since there are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence of the lower judgment, the following facts are comprehensively considered in light of the records and various sentencing conditions indicated in the instant case, including the background of each of the instant crimes, the circumstances after the commission of the crime, the Defendant’s environment, etc., the lower court’s punishment is too heavy or it is deemed unfair as it is fluent. Thus, the Defendant
3. As such, the appeal filed 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 by the Supreme Court Decision (as to the defendant, a sex crime which causes the registration of personal information under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and other crimes are concurrent under Article 37 of the Criminal Act and a punishment is determined pursuant to Article 38 of the Criminal Act. The period for the registration of personal information resulting therefrom is ten years pursuant to Article 45(1)4 and (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 14412, Dec. 20, 2016).
In doing so, the above period falls under the shortest period during which personal information is registered under the same Act, and there is no room to determine the longer short term of registration.