Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Reasons for appeal;
A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. In full view of all the sentencing conditions, such as the Defendant’s age, sexual conduct, motive, frequency of the crime, method of the crime, circumstance after the crime, etc., the lower court’s punishment is too heavy or unreasonable, in light of the following factors: (a) the Defendant’s confession and reflects the Defendant; (b) there is a child to support; and (c) the equity in the case where the judgment was rendered at the same time with the final judgment; and (d) the records of several times of punishment for the same crime have been taken into account; (b) the amount of damages have been acquired with profits; and (c) the amount of damages has not been paid up to the time or has not been agreed with the victim;
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.