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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal: The punishment imposed by the lower court (one year of imprisonment with labor for a maximum of three years, two years of short term, etc.) is too unreasonable.
2. Determination
A. The Defendant recognized and reflected his wrongness.
At the time of committing the instant crime, the Defendant was mentally or physically at 15 years of age, and was unable to have his or her ability and behavior, and to recognize his or her responsibilities, and the Defendant is currently a juvenile of 16 years of age.
B. Meanwhile, the Defendant, at the age of 14, had sexual intercourse with the victim by granting the victim, as if he had a harm to the body and honor of the victim.
The victim suffered a huge physical or mental suffering due to the defendant's crime, and the result seems to have been significantly hindered in daily life and study.
The defendant has a record of being judged on juvenile protection cases due to the delinquency, such as violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Film of Cameras, etc.) and has a record of juvenile protection cases such as fraud and special larceny.
C. In full view of the following circumstances: (a) there is no change in the sentencing conditions compared with the original judgment as the new sentencing data was not submitted in the trial; and (b) the Defendant’s age, criminal records, character and conduct, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance after the crime, etc., the sentencing of the lower court
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.
Meanwhile, according to the main text of Article 49(1) and the main text of Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019), as a matter of principle, a notice of disclosure of registered information under the same Act is given to a defendant who has committed a sexual crime against a child or juvenile.