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The defendant's appeal is dismissed.
Reasons
The court below rendered a judgment dismissing the prosecutor's request regarding the conviction of a prosecuted case and the request for attachment order, and appealed only by the Defendant.
Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the scope of judgment of this court is limited to the part of the defendant's case of the judgment below.
Summary of Grounds for Appeal
The sentence of the lower court that sentenced the Defendant to three years of imprisonment, 40 hours of order to complete a sexual assault treatment program, 5 years of disclosure and notification, 5 years of employment restriction order, etc. is too unreasonable.
Judgment
The fact that the defendant recognized the crime and divided his mistake, the first offender, the obscenity produced by the defendant seems to have not been leaked to the outside, and the fact that the family members and branch members of the defendant want to take the place is favorable to the defendant.
On the other hand, the defendant threatened the victim who is a elementary school student (at that time 12 years old), caused the victim to photograph and transmit the victim's sound, etc., and made the victim photograph and transmit the obscene videos to him/her, and further, the crime is very heavy in light of the content, method, and circumstances of the crime. The victim who is in the age to form a proper sexual identity and values due to the instant case seems to have experienced considerable mental shock and pain, and the defendant was not able to receive from the victim up to the appellate trial is considered to be disadvantageous to the defendant.
In full view of the above circumstances, including age, character and conduct, environment, motive and means of crime, and consequences, etc. as well as factors favorable to the defendant, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime, and the conditions of sentencing after the sentence of the lower judgment, the lower court’s sentence imposed on the defendant.