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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.
B. The Defendant considers that the lower court’s punishment (one year of imprisonment and 80 hours of completion of sexual assault treatment programs) is too unreasonable, and the prosecutor is deemed to be too uneasible and unfair.
2. Determination
A. According to the record of judgment on the assertion of mental disability, the defendant may be deemed to have been under the influence of alcohol at the time of the crime in this case. However, in light of the motive, background, means and method of the crime in this case, and the circumstances before and after the crime in this case, it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of the crime in this case. Therefore,
B. The instant crime on the assertion of unfair sentencing is an indecent act committed against the victim by following the victim, who was a high school student coming down on the alleyway at night, showing his own sexual organ, coercing him from leaving his school beyond the victim, and inducing him from leaving his school beyond the victim, etc. In light of the circumstances and methods of the instant crime, etc., it seems that the victim was given a considerable sense of shame and mental shock due to the instant crime, and that the Defendant was unable to get used by the victim, etc., and is disadvantageous to the Defendant.
On the other hand, even though one month has passed since the commission of the crime in this case, the defendant himself/herself surrenders to the investigative agency as he/she was distributed after the commission of the crime in this case, there is no criminal power, and the defendant seems to be likely to edification and improve at the young age, and other various sentencing conditions such as the defendant's age, character and behavior, environment, circumstances of the crime in this case, and circumstances after the crime.