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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. The summary of the grounds for appeal (two years of imprisonment, three years of suspended execution) of the lower court is too heavy, (the Defendant) or (the Defendant) and (the Prosecutor).
At the third trial date, the defendant's defense counsel has withdrawn his defense of mistake that was the ground of appeal before the trial date.
2. The judgment of the defendant is a favorable condition for the defendant, such as the fact that the defendant has no record of criminal punishment for other crimes except for a violation of the Guarantee of Compensation for Motor Vehicles Act, whose indictment has been suspended due to a violation of the Guarantee of Compensation for Motor Vehicles Act, and that he/she has no record of being sentenced to criminal punishment for other crimes; that he/she has recognized his/her mistake and is contrary to the truth; that he/she deposited a gold of KRW 5 million at the trial to recover part of the victim's damage; that he/she was a juvenile at high school at the time of the crime of this case; that he/she was a juvenile at the time of the crime of similar rape
On the other hand, the following are the circumstances: (a) the Defendant did not receive the victim’s her brythrogate so that the Defendant was faced by a party; (b) the Defendant’s commission of similar rape, etc. as an object of the crime, which is much older than that of the victim; and (c) the fact that the Defendant’s fear, fear, suspicion, and sense of sexual shame seems to be very high due to a sudden Defendant’s crime, is disadvantageous to the Defendant.
Considering the aforementioned favorable or unfavorable circumstances and other various sentencing conditions, such as the Defendant’s age, sex, environment, the circumstances leading up to each of the instant offenses, and the circumstances after the commission of the crime, it does not seem that the lower court’s punishment is too heavy or unreasonable to the extent that the Defendant’s punishment is to be destroyed due to fluence.
Therefore, the defendant and the prosecutor's argument are without merit.
3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.